Banks v. Everest
Supreme Court of Kansas
Error from Atchison District Court. Everest & Waggener, of Atchison, Kansas, brought an action in the district court of Atchison county, against Banks Brothers, to recover damages for the breach of an alleged contract.
Read the full summary
Error from Atchison District Court. Everest & Waggener, of Atchison, Kansas, brought an action in the district court of Atchison county, against Banks Brothers, to recover damages for the breach of an alleged contract. They allege that in 1883, Banks Brothers, through their duly-authorized agent, J. E. Frederick, sold and agreed to deliver the reports of the states of Vermont, New Hampshire, and Colorado, for the sum of $600, the delivery to be made at Atchison, Kansas, free of any charges, and the price of the books to be paid within thirty days from the delivery thereof. They allege that…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The plaintiffs in error attack the findings of fact and conclusions of law made by the court below, but raise no other questions. The findings of fact are so far supported by the evidence that they must be accepted here as a correct narration of the actual facts in the case. The real inquiry in the case is, whether the conduct of the plaintiffs in error rendered them responsible 'as principals for the acts of their agent done in excess of the express authority given him.
The rule of law governing this case, as stated by a noted text writer,…
2Cases cited1 opinion
- Babcock v. D. Deford & Co.Supreme Court of Kansas · 1875
3Cited by16 opinions
- Massachusetts Bonding Ins. Co. v. VanceSupreme Court of Oklahoma · 1918
- National Surety Co. v. MiozranySupreme Court of Oklahoma · 1916
- Wilson v. HaunSupreme Court of Kansas · 1916
- Porter v. WoodsSupreme Court of Missouri · 1897
- Walker v. EckhardtSupreme Court of Kansas · 1927
11 more not listed; retrieve them via the Exa API.