Birkle v. Coleman

Citations

• 50 Pa. Super. 105
• 1912 Pa. Super. LEXIS 14

Syllabus

<p>Principal and agent — Evidence—Question for jury.</p> <p>1. Where an agency is to be implied from the conduct of the parties, or is to be established by witnesses, the fact and scope of the agency are for the jury.</p> <p>2. In an action of trover and conversion of lumber it appeared that plaintiff claimed title by a purchase from the husband of the owner of the lumber; the defendant claimed title by a purchase from the owner herself at a later time. The wife disavowed the authority of her husband to sell the lumber, and when she heard of his sale she disavowed it as soon as circumstances permitted her to do so. At the time of the sale by the husband, the plaintiff did not remove the lumber nor set it aside as his own or mark it in any way as his property. There was some evidence offered by plaintiff to show the assent of the wife to her husband’s act. The evidence as to whether the defendant knew of the prior sale was conflicting. Held, that the whole case was for the jury.</p> <p>Sale — Transfer of possession — Title.</p> <p>3. If a purchaser pays the price for goods purchased by him, without taking possession of them, he takes the risk of the integrity and solvency of his vendor when the rights of a subsequent bona fide purchaser or execution creditor arise.</p> <p>Principal and agent — Disavowal of act of agent.</p> <p>4. It is the duty of a principal to disavow an unauthorized act of his agent within a reasonable time after notice of it. The question of reasonable time depends on the circumstances of each case, and where the rights of third parties are involved it should be prompt; but what is a reasonable time is ordinarily a question for the jury.</p>