Wall v. Trainor
Nevada Supreme Court
Appeal from tbe -District Court of tbe Second Judicial District, W'asboe County. Tbe facts are stated in the opinion. I. If M. B. Dwelly pretended to act as tbe duly authorized agent of tbe California Fruit and Meat Shipping Company in the purchase of the hay, the testimony shows without conflict that be was not; and it further appears that this corporation never ratified his acts by acceptance or measurement of the hay or by paying a single dollar of the purchase money;…
Read the full summary
Appeal from tbe -District Court of tbe Second Judicial District, W'asboe County. Tbe facts are stated in the opinion. I. If M. B. Dwelly pretended to act as tbe duly authorized agent of tbe California Fruit and Meat Shipping Company in the purchase of the hay, the testimony shows without conflict that be was not; and it further appears that this corporation never ratified his acts by acceptance or measurement of the hay or by paying a single dollar of the purchase money; hence, there was no contract for the sale of this hay between plaintiffs and the' corporation. There was no sale ever…
1Opinion of the Court
By the Court,
Leonard, C. J.:
Plaintiffs obtained verdict and judgment for one thousand two hundred and fifty dollars, balance alleged tp be due for hay claimed to have been sold to defendants. The court granted a new trial on the ground of newly discovered evidence material for the defendants, which they could not with reasonable diligence have discovered and produced at the trial. This appeal is from the order. granting a new trial.
It is not disputed that plaintiffs sold the hay to one Dwelly, acting as agent either for the defendants or the California Eruit and Meat Shipping Company, a…
2Cited by5 opinions
- Guth v. BellSupreme Court of Iowa · 1911
- Drespel v. DrespelNevada Supreme Court · 1935
- McCafferty v. FlinnNevada Supreme Court · 1910
- Brown v. WheelerSupreme Court of Kansas · 1901
- Van Dyke v. Ogden Savings BankUtah Supreme Court · 1916