Aultman Thrashing & Engine Co. v. Knoll

Citations

• 71 Kan. 109
• 79 P. 1074
• 1905 Kan. LEXIS 100

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Proof. Agency may be proved by the testimony of the agent to the fact.</p> <p>2. Practice, Supreme Court — Objection to Evidence. If a party accept the special findings of a jury as the established facts in a case this court will not consider objections relating to the admissibility of testimony based on the assertion of the non-existence of such facts.</p> <p>3. Agency — Authority. A principal is bound by the contracts of his agent made within the apparent scope of his authority notwithstanding limitations of the agent’s power, if the party dealing with the agent be ignorant of such limitations.</p> <p>4. -Ratification. The ratification by the principal of an unauthorized act of his agent is equivalent to an original grant of authority.</p> <p>5. -;— Adoption Includes Liability. When a principal adopts the unauthorized act of his agent, and brings suit to secure its benefits, he cannot escape its liabilities by claiming ignorance of some of the facts. He is obliged to inform himself of the scope of the unauthorized performance, or be bound to the same extent as if he had done so.</p> <p>6. -Pleading — Proof. Proof of ratification includes proof of agency and authority, and may be made under a pleading charging the ratified act to be that of the principal.</p> <p>7. -Must Accept Burdens with Benefits. A principal cannot appropriate to himsqlf all the advantages of his agent’s unauthorized conduct and repudiate its obligations. Ratification must include the entire act.</p> <p>8. Promissory Note — Consideration. Parol evidence is admissible to show that the consideration of a promissory note has failed.</p>