D. B. Martin Co. v. Williams

Citations

• 30 Pa. Super. 298
• 1906 Pa. Super. LEXIS 63

Syllabus

<p>Contract — Principal and agent — Affidavit of defense — Practice, C. P.</p> <p>In an action to recover the price of fertilizers for use on a farm, it appeared from plaintiff’s statement that the owner of the farm had, previous to the purchase of the fertilizers, entered into an agreement in writing with a married woman by which the latter with the assistance of her husband was to farm the land and divide the net profits with the owner. The statement of claim set forth the contract and averred directly that the defendant had appointed the husband as assistant and agent to carry on the business of farming the land, and that the husband acting as agent of the defendant purchased the material, and that the fertilizers were usual, proper and useful articles for carrying on farming operations as contemplated by the contract between the owner and her associate. An-affidavit of defense was filed which stated that the man to whom the goods were sold “was not at the time of the purchase by him of said goods, the agent of deponent, and acting in that behalf under her authority and direction, nor was his said action in purchasing said goods ever ratified or approved by her,” and that the purchaser of the goods was not a party to the agreement mentioned in the statement, or by said agreement constituted and appointed deponent’s agent. Held, that the affidavit of defense was insufficient to prevent judgment.</p>