Bush v. Southern Brewing Co.

Citations

• 69 Miss. 200

Syllabus

<p>Agency. Employment of counsel. Implied liability of principal for fees.</p> <p>Where the business of a non-resident is conducted in this state by an agent, who doubts whether it is subject to a privilege tax, and, to test the question, without consulting the principal, he proceeds to transact the business without paying the tax, and is indicted therefor, there is no implied obligation on the principal to pay counsel fees incurred in defense of the charge. In such case, a contract by the agent in the name of the principal to pay the fees does not bind the principal; and it is immaterial whether the privilege tax was lawfully demandable or not.</p>