Sandwich Manufacturing Co. v. Shiley
Nebraska Supreme Court
Error to the districtcourt for York county, where the •cause had been brought on appeal from the county court. In 1881, Shiley bought of the Sandwich Manufacturing Company, through H. M. Miller, the agent of said company, an Adams & French harvester. He gave his note in part payment and a second-hand Marsh harvester for the balance. This was sold by Miller to another party.
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Error to the districtcourt for York county, where the •cause had been brought on appeal from the county court. In 1881, Shiley bought of the Sandwich Manufacturing Company, through H. M. Miller, the agent of said company, an Adams & French harvester. He gave his note in part payment and a second-hand Marsh harvester for the balance. This was sold by Miller to another party. The machine bought by Shiley was warranted but failed,, and was returned by him and his notes delivered up, but. the company refused to return the second-hand machine,, and notified Shiley that it knew nothing about it and…
1Opinion of the CourtCobb, J.
There can be no doubt of the correctness of the position of the counsel for plaintiff in error in their brief that the’ authority of Miller, the agent, to bind the plaintiff company was restricted to the sale of a certain kind of' machine and did not extend to the purchase of .an old one. But it is clearly proven that the said agent assuming to act for his principal did, in point of fact, take’an old machine from the defendant in error in part payment for a new one purchased by defendant from plaintiff in error. It is also in proof that the said agent sold the old machine-in the name of his…
2Cited by8 opinions
- Carleton v. StateNebraska Supreme Court · 1895
- Blue Valley State Bank v. MilburnNebraska Supreme Court · 1930
- Wagner v. Watson Bros. Transfer Co.Nebraska Supreme Court · 1935
- Pjarrou v. StateNebraska Supreme Court · 1896
- McKibbin v. DayNebraska Supreme Court · 1904
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