Jones v. Milton & Rushville Turnpike Co.

Suit to recover instalments of stock subscribed to a turnpike company. The making of the subscription was denied under oath.

*548We think the evidence adduced on the trial authorized the jury to find that the subscription had been made. A subscription made by an agent, though beyond his given powers, if ratified by his principal, -will bind the latter, -^11 a^empl was made to set up parol conditions upon which the stock was subscribed. This was not allowable, except in a case of fraud. Ferris v. Ludlow, ante, p. 517.— Railsback v. The Liberty and Abington Turnpike Company, 2 Lid. R. 656.

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