Allen v. McAllister

Citations

• 39 Wash. 440
• 81 P. 927
• 1905 Wash. LEXIS 884

Syllabus

<p>Factors—Principal and Agent—Agent Selling on Commission—Note for Advances-—-Defenses — Negligence in Care of. Goods-—• Failure to Sell as Instructed—Ratification—Settlement Without Disapproving Acts—Waiver „of Claim. In an action upon a promissory note, given for the amount of advances made by the plaintiff, a factor, to whom wool had been consigned by the defendant for sale on commissions, the defendant cannot set up as a defense and counterclaim the negligence of the factor in caring for the wool and the failure to sell according to instructions, where it appears that the wool had been shipped and the advances made more than a year prior to the execution of the note, and any neglect of the plaintiff was prior to that time, that the defendant then called on the plaintiff, examined the wool, made no complaint and gave orders that it be further held, and gave his note on the plaintiff’s statement ot the amount then due, and then waited a year longer before making any claim; since he ratified the acts of the factor by failing to disapprove of the same within a reasonable time; and in the absence of evidence of failure of duty after the execution of the note, a .verdict should have been directed for the plaintiff.</p>