Clark v. Baker
Supreme Court of Pennsylvania
Writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought by Gedi'ge N. Baker and Benjamin Baker, trading under the firm of G. N. & B. Baker, against John Y. Clark. The plaintiffs were lumber-merchants, and the action was brought to recover the price or value of certain lumber furnished by them, and used in the erection of certain buildings belonging to the defendant.
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Writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought by Gedi'ge N. Baker and Benjamin Baker, trading under the firm of G. N. & B. Baker, against John Y. Clark. The plaintiffs were lumber-merchants, and the action was brought to recover the price or value of certain lumber furnished by them, and used in the erection of certain buildings belonging to the defendant. At the trial before Judge Stroud, on the 12th of November, 1835, it appeared that an agreement was entered into on the 17th of January, 1831, between the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
As to the first error. A person acting for another in the course of the business intrusted to him, and within the scope of his authority, represents his prin cipal; and statements made by him under these circumstances, are evidence against the principal. Statements not in the exercise of his authority, or before it originated, or after it has ceased, are no more than those of a stranger, and are nobadmissible to affect the principal. C. R. Middleton, after the stores were erected, employed the witness as one of the measurers; and in the…
2Cases cited1 opinion
- Lessee of Plumsted v. RudebaghSupreme Court of Pennsylvania · 1795
3Cited by6 opinions
- Pennsylvania Railroad v. BooksSupreme Court of Pennsylvania · 1868
- Huntingdon & Broad Top Mountain Railroad & Coal Co. v. DeckerSupreme Court of Pennsylvania · 1876
- Campbell v. G. C. Murphy Co.Superior Court of Pennsylvania · 1936
- Chambers v. DavisSupreme Court of Pennsylvania · 1838
- Grim v. BonnellSupreme Court of Pennsylvania · 1875
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