Merritt v. . Bissell
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the third judicial department, entered March 1, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was to recover for a quantity of red sandstone alleged to have been sold and delived by the plaintiffs to the defendant.
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Appeal from a judgment of the late General Term of the Supreme Court in the third judicial department, entered March 1, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was to recover for a quantity of red sandstone alleged to have been sold and delived by the plaintiffs to the defendant. It was alleged in the complaint that the contract, upon which this action was based, was made on behalf of the defendant by Charles I). Swan. The answer denied the allegations of the complaint, and specially alleged that Swan was not the defendant’s agent and…
1Opinion of the CourtMartin, J.
The only question involved in this appeal is whether the evidence and findings of the réferee, so far as sustained hy it, were sufficient to justify his second conclusion of law. He held that the payment of five hundred dollars by the defendant to the plaintiffs on October 19, 1892, constituted a ratification of the unauthorized contract made' by Swan. It is to be remembered that the defendant had previously assured the plaintiffs in plain and unmistakable terms that the contract made by Swan was wholly unauthorized. Moreover, when the five hundred dollar payment was made, he refused to make…
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