Legal Opinion

Williams v. Getty

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 7 opinions

Error to the Common Pleas of Indiana county. This action was originally brought before a justice of the peace, Dy Robert Getty against David Williams, to recover for the breach of the defendant’s contract to employ the plaintiff’s team of horses and driver. The defendant appealed to the Common Pleas, from the judgment of the justice. David Williams, the defendant, was a contractor on the Northwestern Railroad.

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Error to the Common Pleas of Indiana county. This action was originally brought before a justice of the peace, Dy Robert Getty against David Williams, to recover for the breach of the defendant’s contract to employ the plaintiff’s team of horses and driver. The defendant appealed to the Common Pleas, from the judgment of the justice. David Williams, the defendant, was a contractor on the Northwestern Railroad. During the year 1856, the work was carried on by John O’Leary, who acted as his general manager. On the 5th May 1856, O’Leary made a contract with Getty, the plaintiff, for the labour…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

The learned judge of the court below charged, that “ if the principal holds the agent out to the world as a general agent, in the transaction of his business; any contract he would make within the scope of that business would be binding on the principal, although there might be, as between the principal and agent, a restriction upon the general authority of the latter, if the person with whom the contract was made had no notice of such restriction.” And that persons dealing with an agent carrying on a general business, such as a general…

2Cases cited1 opinion

  1. Scott v. WellsSupreme Court of Pennsylvania · 1843

3Cited by7 opinions

  1. Myers v. Garfield & Johnson Enterprises, Inc.District Court, E.D. Pennsylvania · 2010
  2. Murphy v. Beverly Hills Realty Corp.Superior Court of Pennsylvania · 1929
  3. Langenheim v. Anschutz-Bradberry Co.Superior Court of Pennsylvania · 1896
  4. O'Donnell v. Union Paving Co.Superior Court of Pennsylvania · 1935
  5. Powell v. Old Hickory Building & Loan Ass'nSupreme Court of Pennsylvania · 1916

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