Bohart, Dillingham & Co. v. Oberne, Hosick & Co.
Supreme Court of Kansas
Drror from Wyandotte Distriol Court. Bohart, Dillingham & Company brought an action in the district court of Wyandotte county against Oberne, Hosioh & Company, alleging that on July 5, 1883, the defendants sold to the plaintiffs certain property which was evidenced by a writing executed by the defendants and delivered to the plaintiffs, which is as follows: “Kansas City, Mo., July 5,1883. — This is to certify, that we, the undersigned, have this day sold to Bohart,…
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Drror from Wyandotte Distriol Court. Bohart, Dillingham & Company brought an action in the district court of Wyandotte county against Oberne, Hosioh & Company, alleging that on July 5, 1883, the defendants sold to the plaintiffs certain property which was evidenced by a writing executed by the defendants and delivered to the plaintiffs, which is as follows: “Kansas City, Mo., July 5,1883. — This is to certify, that we, the undersigned, have this day sold to Bohart, Dillingham & Co. our interest and title to the following property, consisting of meats, lard, wagons, horses and harness, book…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
2 Unauthorized acts of agent. The facts of this case can be ascertained only from the findings of the referee, and the findings appear to be fairly within the issues of the case. Involved in this case is the question of liability of the defendants for the unauthorized acts of their agent. John Eldridge was the agent of the defendants, and the extent of his authority was to purchase hides, wool, furs, and tallow, and to pay for the same with the funds furnished by the defendants. The power conferred did not authorize him to loan or advance…
2Cases cited3 opinions
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
- Smith v. . TracyNew York Court of Appeals · 1867
- Roberts v. RumleySupreme Court of Iowa · 1882
3Cited by18 opinions
- Wheeler v. Northwestern Sleigh Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1889
- Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
- Oxford Lake Line v. First National BankSupreme Court of Florida · 1898
- Miotk v. RudyCourt of Appeals of Kansas · 1980
- Pluto Powder Co. v. Cuba City State BankWisconsin Supreme Court · 1913
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