Blackwell v. Kercheval
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover on an alleged contract of agency. Demurrer to complaint sustained and judgment rendered in favor of defendant. “The subsequent ratification of the act done by even a voluntary agent of another without authority from him is equivalent to a previous authority.” (Gleason v. Dyke, 22 Pick.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover on an alleged contract of agency. Demurrer to complaint sustained and judgment rendered in favor of defendant. “The subsequent ratification of the act done by even a voluntary agent of another without authority from him is equivalent to a previous authority.” (Gleason v. Dyke, 22 Pick. (39 Mass.) 390; Viley v. Pettit, 96 Ky. 576, 29 S. W. 438.) In the case at bar, Mr. Kistler, knowing all the facts, not only consented to Mr. Blackwell’s actions in connection with…
1Opinion of the CourtBudge, J.
— This action was brought by F. A. Blackwell against It. F. Kercheval, public administrator, as administrator of the estate of Wilson Kistler, deceased, to recover judgment against said estate for the sum of $29,500.48 with interest.
To the second amended complaint a general demurrer was sustained by the trial court, and upon refusal of plaintiff to further amend his complaint, judgment of dismissal was entered, from which judgment this appeal is taken.
Omitting the formal parts, and the general allegations of the appointment of R. F. Kercheval, public administrator, as administrator of the…
2Cases cited8 opinions
- Wolford v. PowersIndiana Supreme Court · 1882
- Mahon v. RankinOregon Supreme Court · 1909
- Pouppirt v. GreenwoodSupreme Court of Colorado · 1910
- Waterson v. RogersSupreme Court of Arkansas · 1879
- Fisk Mining & Milling Co. v. ReedSupreme Court of Colorado · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Henderson v. Twin Falls CountyIdaho Supreme Court · 1935
- Easton v. Butterfield Live Stock Co.Idaho Supreme Court · 1929
- Hancock v. HallidayIdaho Supreme Court · 1943
- Mellinger v. Idaho Department of CorrectionsIdaho Court of Appeals · 1988
- Boise Payette Lumber Co. v. Idaho Gold Dredging Corp.Idaho Supreme Court · 1936
11 more not listed; retrieve them via the Exa API.