Empire Implement Manufacturing Co. v. Hench

Citations

• 219 Pa. 135
• 67 A. 995
• 1907 Pa. LEXIS 615

Syllabus

<p>Principal and agent — Scope of agency — Evidence.</p> <p>Where the fact of agency is not questioned, the agent is a competent witness as to the scope of the agency.</p> <p>Where a corporation places a person in charge of its general business in a particular city as manager or general agent, and holds him out by signs and other ways as manager or general agent, the company is liable on a contract made by such agent in the ordinary course of business, as business was conducted by such manager at the particular time and place.</p> <p>Evidence — Corporations—Treasurer—Minutes.</p> <p>Where a treasurer of a corporation is called as a witness as to circumstances leading up to the execution of a contract by the corporation, and it appears that the contract was not executed by the treasurer, and it also appears that the question as to whether the witness was treasurer, was immaterial on the main issue, it is not necessary to prove by the minutes of the board that he was in fact the treasurer.</p> <p>Contract — Rescission—Conditional acceptance.</p> <p>Where a person executes a contract with the owner of a patent, and the contract contains no reference to foreign patents, but by a letter with which the contract is inclosed it is stated that the paper was signed conditionally on the procuring of certain foreign patents, and shortly thereafter, and before the patents could be procured, the party executing the contract repudiates it on the ground of lack of authority in the agent who signed it, such party cannot thereafter in a suit on the contract, defend on the sole ground that the foreign patents had not been taken out.</p>