Aldrich v. Wilmarth

Citations

• 3 S.D. 523
• 54 N.W. 811
• 1893 S.D. LEXIS 29

Syllabus

<p>1. An agent has such authority as the principal actually or ostensibly confers upon him; and, when one holds another out to the world and accredits him as his agent, in determining the liability of the principal the question is not what authority was intended to be given to the agent, but what authority were third persons dealing with him justified from the acts of the principal in believing was given to him.</p> <p>2. In an action by the contractors to recover on a building contract, evidence to prove work done in a manner or with material essentially different from that specified in their contract is inadmissible, as contractors are bound to construct the building substantially of the material and in the manner specified in the contract; but evidence that the work done in the manner specified in the contract was done in a workmanlike manner is admissible, especially when the defendant has pleaded that the work was not so done, and by reason thereof she has suffered damage.</p> <p>3. When contractors have in good faith intended to and have substantially complied with the contract, although there may be slight defects caused by inadvertence or unintentional omissions, they may recover . the contract price, less the damage sustained on account of such defects.</p> <p>(Syllabus by the Court.</p>