Benjamin v. Holgate

Citations

• 51 Pa. Super. 104
• 1912 Pa. Super. LEXIS 187

Syllabus

<p>Principal an d agent — Contract made by agent — Rescission—Ratification.</p> <p>1. When a principal has received money or property from his agent of which the latter had obtained possession in pursuance of a contract with another which he, as agent, had no authority to make or whose authority is denied, the principal must either return the money or property, or hold it subject to the contract through which it was obtained. Where one adopts a contract entered into without his authority, he must adopt it altogether. He cannot ratify the beneficial part, and reject the remainder.</p> <p>2. In an action of assumpsit where it appears that the several defendants, béing jointly interested in the stock of a corporation, authorized one of their number to make sales of a certain number of shares of stock, and that the agent had contracted with the plaintiff to sell to him some of these shares, for which the plaintiff paid the money, but never received the certificates, all of the defendants are liable to the plaintiff for the return of the money which he had paid. They cannot deny the authority of their agent, and at the same time retain the money which their agent had received for their use and benefit.</p> <p>Practice, C. P. — Amendment—Parties.</p> <p>3. Where five parties are sued as defendants, and at the trial counsel for the defendants states to the court that.there is not sufficient evidence to hold one of the defendants, and counsel for the plaintiff immediately moves to amend by striking out the name of the defendant referred to, and the court allows such amendment, the court commits no error in permitting a verdict and judgment to stand against the other four defendants. In such a case even if the trial judge committed error in deciding that the evidence in the case, both that received before and that received after the amendment, was insufficient to hold the other defendant, the four defendants against whom the judgment went, have no standing to complain of the