Foye Tie & Timber Co. v. Nicholas

Citations

• 128 Miss. 709
• 91 So. 395

Syllabus

<p>Principal and Agent. Agent’s conduct Aid not give him apparent authority, where other party had no notice thereof; agent’s un-sworn statements not competent to establish his authority or other person’s Knowledge of his acts.</p> <p>In a suit against a corporation for ties sold to its agent, it is improper to give an instruction to the jury that if they believe the plaintiff made the contract with the agent, and that the defendant knew such contract had been made, or knew that the ' agent was making similar contracts with other persons in the agent’s territory and accepted the benefits of such contracts and did not repudiate such contracts, hut permitted the agent to make similar contracts, then the defendant is hound by such contracts even though the agent has no authority to make such contracts, where there is no evidence to show that the corporation had knowledge of the fact that the agent was so contracting. Mere unsworn statements of the agent are not competent to establish his authority nor that the company had knowledge of his acts.</p>