White v. Cooper
Supreme Court of Pennsylvania
Error to the Common Pleas of Perry county. June 8. This was an action of trespass, brought by David White, the plaintiff in error, who was plaintiff below, against Henry Cooper, late sheriff of Perry county, for levying upon and selling a Store of dry goods, under sundry executions against Wilson Welch.
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Error to the Common Pleas of Perry county. June 8. This was an action of trespass, brought by David White, the plaintiff in error, who was plaintiff below, against Henry Cooper, late sheriff of Perry county, for levying upon and selling a Store of dry goods, under sundry executions against Wilson Welch. The plaintiff claimed the goods sold as his property, and-, in support of the action, gave in evidence a written agreement between himself and one Wilson Welch, dated 2d of November, 1844, by which the plaintiff agreed to appoint Welch his agent to deal in produce, haul said produce to market,…
1Opinion of the CourtRogers, J.
After a careful examination of the several bills of exception, the charge of the court, and the answer to the points, we perceive no error. In the answer to the second and fourth points, the court has put the case on its true grounds.
It is not doubted that a principal may ratify the acts of his agent, when he exceeds his authority; yet when he purchases goods of a different kind and character from that authorized and contemplated by the parties, the principal is not responsible for his purchases; and when it appears that the goods are purchased in fraud of the agreement, and in the name of…
2Cited by1 opinion
- Thrall v. WilsonSuperior Court of Pennsylvania · 1901