Central Coal & Coke Co. v. George S. Good & Co.

Citations

• 120 F. 793
• 57 C.C.A. 161
• 1903 U.S. App. LEXIS 4536

Syllabus

<p>1. Contracts — Subsequent Acquiescence of Both Parties not Essential to Liability of Either.</p> <p>Either party to a contract may perform his part of it, and charge the other party with liability thereunder, without the consent or acquiescence of the latter. But a subsequent agreement or acquiescence of both parties is requisite to cancel the agreement or to relieve .either party from its obligations.</p> <p>2. Contract of Sale — Acceptance of Property as Another’s — Payment of Third Party — Liability for Price.</p> <p>The fact that one who has knowingly received and used the property of his contractor or vendor delivered under the agreement has notified the contractor when he received it that he refused to accept it as his property, and that he accepted it as another’s, and the further fact that he has paid the third party for it, do not relieve the vendee from liability to the vendor for the purchase price or value of the latter’s property which the vendee has received.</p> <p>8. Principal and Agent — Notice to Agent — Effect on Principal.</p> <p>Where an agent acts for himself in his own interest, and adversely to his principal in a' given negotiation or transaction, neither notice to nor the knowledge of the agent can be lawfully Imputed to the principal.</p> <p>¶ 1. See Contracts, vol. 11, Cent. Dig. § 1146.</p> <p>4. Contract between .Third Parties — Parol Evidence — Admissibility.</p> <p>The rule that parol evidence is inadmissible to contradict or vary the terms of a written contract is inapplicable in a case in which the agreement assailed is between strangers to the parties to the suit, because the former cannot, by their ignorance, carelessness, or fraud, estop the litigants from proving the truth.</p> <p>(Syllabus by the Court.)</p>