Belle City Manufacturing Co. v. Kemp

Citations

• 27 Wash. 111
• 67 P. 580
• 1902 Wash. LEXIS 368

Syllabus

<p>APPEAL-NOTICE-SERVICE BY ATTORNEY NOT OF RECORD.</p> <p>Under Bal. Code, § 0503, which provides thai a party desiring to appeal may by himself or his attorney serve written notice, such notice may be served by new attorneys employed by appellant for that purpose without notice to respondent, since Id. §§ 4769, 4770, governing the substitution of attorneys is expressly confined to changes made before judgment or final determination.</p> <p>SAME — 1 ESTOPPEL TO DISPUTE ATTORNEY’S AUTHORITY.</p> <p>One who has permitted the appearance oi new attorneys in a cause without raising objection that they were not attorneys of record is estopped to urge that objection when subsequently served with notice of appeal by such attorneys.</p> <p>SALES-ACTION FOR PURCHASE PRICE-INSTRUCTIONS.</p> <p>In an action to recover the price of a threshing machine from two defendants, one of whom denied liability therefor, but there was evidence showing he had agreed to stánd by any arrangement made with the other defendant for its sale, the following instruction was given: “If you find from the evidence in this case that defendant Kemp at the time of their first conversation concerning the purchase of the machine told plaintiffs agent, Minnick, that any contract that Cook might make with plaintiff through its agents would be all right with him, and used such language as would reasonably give the plaintiff to understand that he would stand by such agreements or contracts relative to the purchase of such machine, then plaintiff would be justified in dealing with him, Kemp, by and through Cook, and the acts and contracts, if any, made by him for himself and Kemp would bind Kemp. Any orders or directions by Kemp to Cook would not affect plaintiff until such time as it, the plaintiff, had notice or knowledge. If Kemp authorized Cook to act for him, and plaintiff had knowledge of it, then he could have withdrawn such authority by notifying plaintiff- of his desire to do so, but not by giving Coo