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action affirmed agent agreement alleged amount appears appellant appellee assumpsit attorney at law bill bill of lading bind bound broker charge claim commission common law contract corporation cotton court of equity creditor damages debt deed defendant defendant's delivered discharge doctrine drafts duty employed employment entitled estoppel evidence executed fact factor feme covert fraud given ground held implied indorsed instructions interest judgment jury knowledge land latter liable lien Lord Mass ment mortgage notice opinion owner paid party payment Penn perform plaintiff in error possession power of attorney principal promissory note purchase question Railroad ratification receipt received recover responsible rule servant Smith sold statute statute of frauds Story on Agency suit supra Supreme Court third person tion transaction trial trust unauthorized verdict warrant Wend
Page 260 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Page 219 - The clerk acted under an unavoidable ignorance and for his master's benefit when he sent the goods to his master; but nevertheless his acts may amount to a conversion; for a person is guilty of a conversion, who intermeddles with my property and disposes of it, and it is no answer that he acted under authority from another, who had himself no authority to dispose of it.
Page 271 - A power coupled with an interest " is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But if we are to understand by the word " interest " an interest in that which is to be produced by the exercise of the Hunt v.
Page 511 - Bat if the agent once actually undertakes and enters upon the execution of a particular work it is his duty to use reasonable care in the manner of executing it, so as not to cause any injury to third persons which may be the natural consequence of his acts...
Page 574 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 580 - There is no doubt, that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals...
Page 449 - But, on the other hand, to allow evidence to be given that the party who appears on the face of the instrument to be personally a contracting party, is not such, would be to allow parol evidence to contradict the written agreement, which cannot be done.
Page 351 - Where the commodity is sent in such a way and to such a place as to exhibit an apparent purpose of sale, the principal will be bound, and the purchaser safe.
Page 115 - That an act done for another, by a person not assuming to act for himself but for such other person, though without any precedent authority whatever, becomes the act of the principal if subsequently ratified by him, is the known and well-established rule of law.
Page 294 - This allegation is denied by the answer, the defendant alleging that death resulted from natural causes. At the close of the testimony the court was asked to direct a verdict for the defendant on the ground that the plaintiff had failed to prove a case of death from accidental causes.