Sternberg v. Fort Smith Refrigerator Works
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; The architect was not appellant’s agent to buy material. One is not bound by the acts of his agent beyond the apparent scope of his authority and without the line of employment. One dealing with an agent must inquire into the extent of his authority. Contractors, sub-contractors, laborers, etc., shall not have a lien for more than the original contract price.
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Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; The architect was not appellant’s agent to buy material. One is not bound by the acts of his agent beyond the apparent scope of his authority and without the line of employment. One dealing with an agent must inquire into the extent of his authority. Contractors, sub-contractors, laborers, etc., shall not have a lien for more than the original contract price. Kirby’s Digest, § 4975; 71 Ark. 35; 77 Id. 158. • Brizzolara & Pitzhugh, for Ft. Smith Refrigerator Works. Sternberg agreed to pay for whatever material was furnished at…
1Opinion of the CourtMcCueeoch, J.
One S. K. Robinson entered into a written contract with appellant, Sternberg, to furnish material and construct two cottages in the city of Fort Smith for the latter at and for the sum of $3,950. The contract provided that the houses should be constructed in accordance with certain plan§ and specifications prepared by Sullenger, an architect, which are referred to in the contract and expressly made a part thereof.
The specifications contained the following: “Supplying labor, etc. Should the contractor at any time during the progress of the work refuse or neglect to supply a sufficiency of…
2Cases cited2 opinions
- Long v. Charles T. Abeles & Co.Supreme Court of Arkansas · 1905
- Barton v. Grand Lodge of Independent Order of Odd FellowsSupreme Court of Arkansas · 1902
3Cited by2 opinions
- Lyle v. LatouretteSupreme Court of Arkansas · 1946
- Richardson v. LaniusTennessee Supreme Court · 1923