Jenkins v. Funk
U.S. Circuit Court for the District of Western Pennsylvania
At Law. On motion for new trial. James W. Jenkins sued Mrs. Eliza Funk to recover commissions on a sale of real estate made by plaintiff under authority from Mrs. Funk’s agent. Verdict for defendant, and motion for new trial by plaintiff.
1Opinion of the CourtAcheson, J.
As the foundation of bis right of action, the plaintiff put in evidence the power of attorney from Mrs. Funk, the defendant, to M. A. McDonald, and by that instrument is the extent of the latter’s agency to be determined. It is very clear that McDonald’s alleged declarations, made in the absence of Mrs Funk, are not evidence as against, her to expand his written authority. Grim v. Bonnell, 78 Pa. St. 152. Nor was there any offer of evidence to show a general or local usage from which might arise an implication of authority in McDonald to employ a *916sub-agent with the right to look to the…
2Cases cited2 opinions
- Warner v. MartinSupreme Court of the United States · 1851
- Corbett v. SchumackerIllinois Supreme Court · 1876
3Cited by3 opinions
- Brutinel v. NygrenArizona Supreme Court · 1916
- Union Planters' Bank & Trust Co. v. Memphis Hotel Co.Tennessee Supreme Court · 1911
- O. A. Skutt, Inc. v. J. & H. Goodwin, Ltd.Appellate Division of the Supreme Court of the State of New York · 1937