Witcher v. Gibson
Colorado Court of Appeals
Appeal from, the District Court of Fremont County. A somewhat full and accurate statement of the proof, given both as a naked statement, and as an argumentative narration of what was done by the parties, will partially serve to decide the case and leave only a brief discussion of the law necessary to fully determine it. In the spring of 1895, the appellant, Witcher, as owner, was running some sawmills, and carrying on a lumber business at Cripple Creek.
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Appeal from, the District Court of Fremont County. A somewhat full and accurate statement of the proof, given both as a naked statement, and as an argumentative narration of what was done by the parties, will partially serve to decide the case and leave only a brief discussion of the law necessary to fully determine it. In the spring of 1895, the appellant, Witcher, as owner, was running some sawmills, and carrying on a lumber business at Cripple Creek. In May the management of the Cripple Creek business was changed and one Lefler was put in charge. From that date he had the sole and…
1Opinion of the CourtBissell, P. J.
On this basis of fact the appellant has constructed a virile and persuasive argument to support his contention that where one would hold a principal for the acts of an alleged agent, he must either show an express authority delegated to the representative, or a course of conduct pursued along the lines of the due course of the particular business carried on to the knowledge and with the real or apparent consent of the principal which will estop him to deny an original grant of power. If this case is to be brought within the latter principle, he who thus deals with an agent is as much bound as…
2Cases cited6 opinions
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Little Pittsburg Con. Min. Co. v. Little Chief Con. Min. Co.Supreme Court of Colorado · 1888
- Sartwell v. FrostMassachusetts Supreme Judicial Court · 1877
- McDowell v. McKenzieSupreme Court of Georgia · 1880
- Corning Tunnel, etc., Co. v. PellSupreme Court of Colorado · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Colorado Finance Co. v. B. F. Bennet Oil Co.Supreme Court of Colorado · 1942
- Globe Express Co. v. TaylorSupreme Court of Colorado · 1916
- Canon City Industrial Stores Co. v. McInerneySupreme Court of Colorado · 1922
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