Diversy v. Kellogg

Citations

• 44 Ill. 114

Syllabus

<p>1. Agency — evidence of, for the jury. Where a party is shown to have been the agent of another in a particular business, and continues to so act within the scope of his former authority, it will be presumed that his authority still continues, and will bind his principal unless the persons with whom he acts have notice that his agency has ceased.</p> <p>2. Same. An agent for a commercial house who travels and solicits orders for his principal, in the absence of proof will not be presumed to have authority to rescind his contracts and take back goods furnished by the house for which he is agent, when they prove unsatisfactory to the customer.</p> <p>3. Sale—of goods—delivery and acceptance. If the party of whom goods have been ordered shall ship within a reasonable time, the amount and quality ordered, and in the manner directed, the property thereupon vests in the purchaser and is thenceforth at his risk. If after such shipment a portion of the goods are abstracted and others of an inferior quality substituted so as to render the whole of an inferior quality, in that case the loss must be borne by the purchaser. As soon as such goods are delivered to the carrier the title vests in the buyer subject only to stoppage in transitu.</p> <p>4. Same. Even if a different kind from that ordered, should be shipped, and is received by the purchaser and he appropriates it, the title thereby vests in him, and he must pay what it is reasonably worth. He would not in that case be bound to receive it, but, on learning its quality, he should in a reasonable time give notice that he declined to receive it, and thereby avoid liability. In such a case the title would vest in him until he accepted it. In such a case it is for the jury to say from all the circumstances whether he did accept it.</p> <p>5. Agent —general and special. It is not error for the court to instruct the jury that a party could only recover by showing that the person receiving goods for his principal was his gen