Bay State Shoe Co. v. Leeser

Citations

• 196 Pa. 76
• 46 A. 259
• 1900 Pa. LEXIS 474

Syllabus

<p>Replevin — Sale—Corporation—Authority of superintendent.</p> <p>In an action of replevin to recover possession of the contents of a shoe store which the plaintiff, a corporation, claimed was in the possession of the defendant as its manager, and which the defendant claimed had been sold to him through the plaintiff’s superintendent, a verdict and judgment for defendant will be sustained where the evidence showed that the plaintiff established stores in different cities for the marketing of its products, and frequently sold such stores to the managers of them; that after the alleged sale to defendant the dealings of the company with the defendant differed very materially from its dealings with its managers generally, and from its dealings with defendant when he was employed as a manager ; that such dealings were on a basis entirely consistent with defendant’s claim of ownership; that the directors had notice of his claim and negotiated with him for a retransfer of the goods, and that the authority of the superintendent to sell the store was not questioned at the time of the negotiations nor at any time denied.</p> <p>The superintendent haying testified at the trial, when called in the interest of the company, that the company desired to sell the stores and that it was his business to sell them, it was not necessary that the defendant should furnish other proof of authority, actual or implied.</p>