Legal Opinion

Baldwin v. Tucker

Court of Appeals of Kentucky

Decided December 6, 1901PublishedCited by 7 opinions

Case 27 — Action to Recover Possession of a Piano APPEAL FROM MERCER CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This action was brought under sections 180 and 181 of the Civil Code, to recover the possession of a piano from appellee, which he purchased from one- J. W. Sparks, a local agent of'the -appellants, with limited .authority to sell-pianos sub- - ject to the approval of the appellants.

Read the full summary

Case 27 — Action to Recover Possession of a Piano APPEAL FROM MERCER CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This action was brought under sections 180 and 181 of the Civil Code, to recover the possession of a piano from appellee, which he purchased from one- J. W. Sparks, a local agent of'the -appellants, with limited .authority to sell-pianos sub- - ject to the approval of the appellants. The agent’s authority being prescribed in a written contract, to take orders for pianos under .specific instructions embodied therein, subject to the approval of appellant. He was…

1Opinion of the Court

■Opinion op the court by

CHIEF JUSTICE PAYNTER —

Reversing.

On October 7, 1898, D. TET. Baldwin & Co., dealers in pianos and musical instruments, by a writing, authorized- J. W. Sparks to take orders for their musical instruments in Harrodsburg, Ky., and such other territory as might be agreed upon. The instruments and proceeds of sale were to be the property of appellants. The order® taken and sales made by him were not to be binding -on appellants until approved1 by them. Blank notes were furnished to him-, payable to appellants’ order, and they were to be subject to appellants’ approval when…

2Cases cited8 opinions

  1. Neblett v. MacFarlandSupreme Court of the United States · 1876
  2. Hoffman v. John Hancock Mutual Life InsuranceSupreme Court of the United States · 1876
  3. Trudo v. AndersonMichigan Supreme Court · 1862
  4. Wheeler & Wilson Manufacturing Co. v. GivanSupreme Court of Missouri · 1877
  5. Bertholf v. Quinlan Bros.Illinois Supreme Court · 1873

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. McRitchie v. Atlanta Trust Co.Supreme Court of Georgia · 1930
  2. Booker-Jones Oil Co. v. National Refining Co.Court of Appeals of Texas · 1910
  3. Galbraith v. WeberWashington Supreme Court · 1910
  4. Pemberton v. Price & Teeple Piano Co.Court of Appeals of Kentucky · 1911
  5. Zaami v. Joseph Denunzio Fruit Co.Court of Appeals of Kentucky · 1918

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API