Guggenheimer & Co. v. Levinson

1. “In special agencies for a particular purpose persons dealing with the agent should examine his authority.” Civil Code (1910), § 3595. In the instant case the person whom the defendant purchaser dealt with as the “representative” or “attorney” of the plaintiff vendor was not shown to have been clothed with any sort of authority to enter upon the alleged contract of accord and satisfaction, and consequently, under the evidence disclosed by the record, such an agreement could not be taken as having had any original binding authority upon the plaintiff vendor. The defendant, in whose favor a…