Flanders v. Putney
Supreme Court of New Hampshire
Assumpsit, for wood. Facts found by a referee. The plaintiff’s husband, having authority as her agent to make sales and delivery of wood, made a contract with the defendant to deliver him the following winter fifty cords of wood, of satisfactory quality, at a price certain, and to pay damage if the contract should not be fulfilled. Sis cords of wood only were delivered, and the defendant was obliged to purchase wood elsewhere at a greater price.
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Assumpsit, for wood. Facts found by a referee. The plaintiff’s husband, having authority as her agent to make sales and delivery of wood, made a contract with the defendant to deliver him the following winter fifty cords of wood, of satisfactory quality, at a price certain, and to pay damage if the contract should not be fulfilled. Sis cords of wood only were delivered, and the defendant was obliged to purchase wood elsewhere at a greater price. The plaintiff knew that her husband had sold wood to the defendant, the price, and that he was delivering it, but she did not know of the contract…
1Opinion of the CourtAllen, J.
The plaintiff’s husband, having a general authority from her to make sales and delivery of wood, was authorized to employ the usual and necessary means to accomplish the objects of his agency; to include, in contracts made by him, their ordinary incidents of price, quality, quantity, and time of delivery. Backman v. Charlestown, 42 N. H. 125, 131, 132; Morris v. Bowen, 52 N. H. 416, 421. The contract with the defendant was authorized by the plaintiff, aijd’ it might be shown in evidence by the defendant. The plaintiff’s knowledge that her husband was selling and delivering wood to the…
2Cited by4 opinions
- Bohanan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Schwartz v. Maryland Casualty Co.Supreme Court of New Hampshire · 1925
- Bankers Life & Casualty Co. v. Bellanca Corp.Court of Appeals for the Seventh Circuit · 1961
- Bankers Life and Casualty Company v. Bellanca Corporation, Bellanca Corporation, Counter-Claimant-Appellee v. Bankers Life and Casualty Company, Counter-Defendant-Appellant. Bellanca Corporation, Counter-Claimant-Appellant v. Bankers Life and Casualty Company, Counter-Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1961