Memphis & Vicksburg Railroad v. Cocke
Mississippi Supreme Court
Appeal from the Circuit Court of De Soto County. Hon. A. T. Roane, Judge. On March 18, 1884, John T. Owens brought this action of ássumpsit against the Memphis and Vicksburg Railroad Company.
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Appeal from the Circuit Court of De Soto County. Hon. A. T. Roane, Judge. On March 18, 1884, John T. Owens brought this action of ássumpsit against the Memphis and Vicksburg Railroad Company. The plaintiff alleged in his declaration that on July 26, 1883, he entered into a contract with defendant to grade for it section 19 of its road-bed, such work to be done under the direction of a resident engineer of said defendant; that he (plaintiff) was proceeding to perform his part of the agreement, and had performed a part thereof, when defendant, without cause, took the work from him and thereby…
1Opinion of the CourtCooper, C. J.
One of the principal points in controversy in this suit was whether Moore, the resident engineer, had authority to bind the appellant by the contract entered into with appellee’s intestate. On this question there was a conflict of testimony, and it may be that the jury would have solved it in favor of defendant but for the admission of the deposition of the witnesses Smith, by which over the objections of the defendant the plaintiff was permitted to prove the declaration of Moore that he was agent and authorized to contract as such.
It is well settled that the fact of agency cannot be thus…
2Cases cited4 opinions
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
- Whiting & Co. v. LakeSupreme Court of Pennsylvania · 1879
- Reynolds v. Continental InsuranceMichigan Supreme Court · 1877
- Snook v. . LordNew York Court of Appeals · 1874
3Cited by4 opinions
- Bynum v. Mandrel Industries, Inc.Mississippi Supreme Court · 1970
- Therrell v. EllisMississippi Supreme Court · 1903
- Union Coal Co. v. EdmanSupreme Court of Colorado · 1891
- Southern Surety Co. v. Nalle & Co.Court of Appeals of Texas · 1921