Rowley v. Stack-Gibbs Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover the purchase price for sawlogs. Judgment for plaintiff. The ratification of an act of an agent previously unauthorized must, in order to bind the principal, be with a full knowledge of all the material facts. If the material facts be either suppressed or unknown, the ratification is treated as invalid because founded in mistake or fraud.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover the purchase price for sawlogs. Judgment for plaintiff. The ratification of an act of an agent previously unauthorized must, in order to bind the principal, be with a full knowledge of all the material facts. If the material facts be either suppressed or unknown, the ratification is treated as invalid because founded in mistake or fraud. (Owing.s’ v. Hull, 9 Pet. (U. S.) 608, 9 L. ed. 246; Billings v. Morrow, 7 Cal. 175, 68 Am. Dec. 235; Bank v. Drake, 29 Kan.…
1Opinion of the CourtSulliyan, C. J.
— This action was brought to recover the sum of $579.20 and interest thereon for logs alleged to have been sold and delivered to the appellant corporation. It is alleged that the logs were sold in the month of November, 1907, and were delivered during the months of March, April and May, 1908; that there were 60,968 feet of logs delivered, for which the appellant agreed to pay $9.50 per thousand.
The defendant by answer denied the purchase and the receipt of the logs and denied any indebtedness in any amount. During the trial it was admitted that the logs in question were delivered to the…
2Cases cited1 opinion
- Oregon Ry. Co. v. Oregon Ry. & Nav. Co.United States Circuit Court · 1886
3Cited by5 opinions
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- Portland Cattle Loan Co. v. Hansen Livestock & Feeding Co.Idaho Supreme Court · 1926
- Schultz v. Rose Lake Lumber Co.Idaho Supreme Court · 1915
- Bumpas v. MooreIdaho Supreme Court · 1918