Smith Table Co. v. Madsen
Utah Supreme Court
Appeal from District Court, Salt Labe County; T. D. Lewis, Judge. Action by tte Smith Table Company against P. W. Mad-sen. Judgment for plaintiff, and defendant appeals. appellant's POINTS. Agency cannot be proved by the declarations of the agent.
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Appeal from District Court, Salt Labe County; T. D. Lewis, Judge. Action by tte Smith Table Company against P. W. Mad-sen. Judgment for plaintiff, and defendant appeals. appellant's POINTS. Agency cannot be proved by the declarations of the agent. (1 Jones on Evidence [Pony Series], sec. 256.) The declaration of an agent is admissible as a part of the res gestae “It is of course an indispensable requisite to the admission of the declarations of an agent as part of the res gestae that such agency or authority be first proved. Such agency cannot be proved by the declarations themselves, no…
1Concurrence
BÁPTCI1, O. J.
(concurring in tbe judgment).
Tbis action was brought by tbe plaintiff to recover an alleged balance of $137.67, claimed to' be due for goods sold and delivered to tbe defendant. Tbe answer denies tbe alleged indebtedness. At tbe tidal, which was bad before the *305court without a jury, tbe issues were decided in favor of the defendant, and thereupon the plaintiff appealed.
The first question presented for consideration is one which has arisen upon the respondent’s motion to strike out the assignment of errors. The motion was based upon the ground that no assignment- or specification…
2Cases cited13 opinions
- Dawson v. SchlossCalifornia Supreme Court · 1892
- De Molera v. MartinCalifornia Supreme Court · 1898
- Brown v. KlingCalifornia Supreme Court · 1894
- Spotts v. HanleyCalifornia Supreme Court · 1890
- Nash v. HarrisCalifornia Supreme Court · 1881
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