Comegys v. American Lumber Co.

Citations

• 8 Wash. 661
• 36 P. 1087
• 1894 Wash. LEXIS 131

Syllabus

<p>AGENCY — EVIDENCE — DECLARATIONS OE AGENT — INSTRUCTIONS.</p> <p>Agency can never be established by the declarations of an alleged agent; and the erroneous admission of such declarations in evidence in an action against the alleged principal are not cured by a charge to the jury that agency cannot be proved by the declarations of the agent, unless it appears reasonably certain from all the facts and circumstances in the case that no injury has resulted to the defendant by reason of the admission of such testimony.</p> <p>In an action for the price of logs plaintiff should be non-suited, when the evidence of a sale to defendant is that the logs were purchased by an alleged agent, and the only proof of the alleged agency were the declarations of the agent himself, which there was no testimony adduced to show had ever been brought to the knowledge of defendant and ratified in any way.</p> <p>In an action to recover upon an express contract for the sale of logs, an instruction that if defendant had converted the logs to its own use it would be liable for their value, is erroneous.</p>