Fargo v. Cravens

Citations

• 9 S.D. 646
• 70 N.W. 1053
• 1897 S.D. LEXIS 125

Syllabus

<p>1. One authorized by the holder of a note .'to make a proposition to the maker to accept property in payment on certain terms has no authority to employ a subagent to transact the business, and an agreement made by such a subagent differing from that authorized is not binding on the principal.</p> <p>2. Under Comp. Laws, Sec. 3972, providing that a ratification can only be made by accepting or retaining the benefit of the act, with notice thereof where the owner of a note authorized another to make a proposition to the maker to accept hay thereon at a certain price, delivered, the acceptance by him of a quantity of hay, which was delivered, is not a ratification of an agreement made with the debtor, in his behalf, by one without authority, to accept a certain quantity of hay in the stack in full payment; it not being shown that he knew of such agreement.</p>