Potter v. Springfield Milling Co.
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Z. M. Stephens, Judge. Action for damages resulting to plaintiff from defendant’s failure to deliver one hundred barrels of flour sold to him by defendant’s agent. Plaintiff’s loss, by reason of the advance in the price of flour, being 93 cents per barrel or $93 on the lot. Action begun by attachment, defendant being a foreign corporation.
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From the circuit court of Lee county. Hon. Z. M. Stephens, Judge. Action for damages resulting to plaintiff from defendant’s failure to deliver one hundred barrels of flour sold to him by defendant’s agent. Plaintiff’s loss, by reason of the advance in the price of flour, being 93 cents per barrel or $93 on the lot. Action begun by attachment, defendant being a foreign corporation. Defendant’s agent, at the time of sale, signed and gave to plaintiff a written memorandum of the sale, showing amount and character of goods, terms, etc. The other material facts are stated in, or readily inferable…
1Opinion of the CourtTerral, J.
We are of the opinion that the plaintiff made out a good cause of action against the defendant, and that the peremptory instruction for the defendant was error. The authority given to Potts by the Springfield Milling Company to sell its flour to all persons wishing to purchase, constituted’him its general agent in that business (Story Agency, sec. 17); and in all cases of general agency the principal is bound by the acts of his agent within the scope of the authority conferred on him, although he violates his instructions limiting or qualifying the exercise of such authority. Story on Agency,…
2Cited by2 opinions
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