Anderson v. National Surety Co.

Citations

• 196 Pa. 288
• 46 A. 306
• 1900 Pa. LEXIS 516

Syllabus

<p>Contract — Written and parol contract — Evidence.</p> <p>Where in an action of assumpsit the defendant claims that the real contract was covered by a letter beginning with the words “as per our conversation of yesterday,” and the evidence for the plaintiffs although contradicted, tended to show that the conversation referred to was different in its terms from those of the letter, the question as to what was the real contract between the parties is for the jury.</p> <p>Corporation — Powers of agent.</p> <p>A general agent of a surety company in a particular locality who holds himself out as such with the knowledge of the company, solicits and negotiates surety bonds for it, receives the premiums and transmits them to the company and delivers the bonds, has authority to execute a contractor’s bond, notwithstanding a secret restriction ón his authority that his action in such a matter must be approved by the company; and the company is bound by his act where it has ratified his action by accepting premiums and paying part of the obligation created by the bond.</p>