Wales-Riggs Plantations v. Caston
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Frank Smith, Judge; 1. The transactions and declarations of an agent are not of themselves evidence of his agency. 96 Ark. 510. A party dealing with an agent of a corporation must, at his peril, ascertain what authority the agent possesses, and is not at liberty to charge the corporation by relying upon the agent’s assumption of authority. 52 Mich. 87; 19 L. Ed. 173. 2. The president of a corporation has no authority as such to make contracts…
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Appeal from Cross Circuit Court; Frank Smith, Judge; 1. The transactions and declarations of an agent are not of themselves evidence of his agency. 96 Ark. 510. A party dealing with an agent of a corporation must, at his peril, ascertain what authority the agent possesses, and is not at liberty to charge the corporation by relying upon the agent’s assumption of authority. 52 Mich. 87; 19 L. Ed. 173. 2. The president of a corporation has no authority as such to make contracts or to approve or ratify the making of contracts in the name of the corporation. 84 Ark. 453; Kirby’s Dig., § 841; 92…
1Opinion of the CourtHart, J.
This was an action instituted by attachment to enforce a landlord’s lien for rent, in which appellant was the plaintiff, and appellee the defendant. The rent contract was in writing, and the amount of rent was evidenced by a promissory note for $141.50, given by appellee to appellant. Appellee admitted executing the contract and note, but claimed that both were abrogated by a subsequent parol contract whereby he rented less land for a rental of $50. The parol contract was claimed to have been made by appellee with Mrs. G. K. Cross as agent for appellant.
Appellee filed his counterclaim in the…
2Cited by7 opinions
- Edwards v. Plains Light & Water Co.Montana Supreme Court · 1914
- Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.District Court, W.D. Arkansas · 1959
- Lewis v. Forrest City Special Improvement DistrictSupreme Court of Arkansas · 1923
- Browne-Brun Wholesale Grocery Co. v. HintonSupreme Court of Arkansas · 1929
- Kull v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1927
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