Little Rock & Fort Smith Railway Co. v. Wiggins
Supreme Court of Arkansas
Appeal from Crawford Circuit Court in Chancery. Jephtha H. Evans, Judge. An agent’s authority cannot be proved by his own declarations. 46 Ark. 226; 31 Ark. 217. Nor by general reputation. Mechera, Ag. § 101; 76 Ala. 572. The authority of the agents of a corporation is limited, and those dealing with such agents are bound to ascertain the extent of their authority. 48 Ark. 192; Mechera, Ag. §§ 276-289; 32 La.
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Appeal from Crawford Circuit Court in Chancery. Jephtha H. Evans, Judge. An agent’s authority cannot be proved by his own declarations. 46 Ark. 226; 31 Ark. 217. Nor by general reputation. Mechera, Ag. § 101; 76 Ala. 572. The authority of the agents of a corporation is limited, and those dealing with such agents are bound to ascertain the extent of their authority. 48 Ark. 192; Mechera, Ag. §§ 276-289; 32 La. Ann. 656; 63 Tex. 381. Payment to agent will not bind principal, where pru’chaser has express or implied notice that payment must be made direct to principal. 34 N. Y. 419; 89 N. Y. 577;…
1Opinion of the CourtHughes, J.
This was a bill in equity for specific performance. Plaintiff states that on the 1st day of October, 1886, he contracted with appellant in writing to purchase of it the northwest quarter of the northeast quarter of section 2, township 9 north, range 32 west, for $140, paying $35 down, and agreeing to pay appellant at the land department of the Little Rock & Ft. Smith Railway, at Little Rock, Ark., as follows: October 1, 1887, $6.30; October 1, 1888, $41.30; October 1, 1889, $4.20; October 1, 1890, $39.20; October 1; 1891, $2.10; October 1, 1892, $37.10. Alleges payment..
Defendant answers,…
2Cases cited4 opinions
- Doubleday v. . KressNew York Court of Appeals · 1872
- Holland v. Van BeilSupreme Court of Georgia · 1892
- Fellows v. . NorthrupNew York Court of Appeals · 1868
- Schermerhorn v. FarleyNew York Supreme Court · 1890
3Cited by4 opinions
- First National Bank v. HenryNorth Dakota Supreme Court · 1915
- Cottrill v. First Huntington National BankWest Virginia Supreme Court · 1937
- Kansas Educational Ass'n of Methodist Episcopal Church v. McMahanCourt of Appeals for the Tenth Circuit · 1935
- Daniel v. St. Louis National BankSupreme Court of Arkansas · 1899