Halloway v. Arkansas City Milling Co.

Citations

• 77 Kan. 76
• 93 P. 577
• 1908 Kan. LEXIS 228

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Agency — Unauthorized Aet — Disaffirmance—Ratification. If an agent to sell goods report to Ms principal that he has made a sale for a price less than he is authorized to take it is the duty of the principal to examine the report and disaffirm the sale within a reasonable time or he will he held to have ratified it.</p> <p>2. -Reasonable Time to Disaffirm. The question of what . is a reasonable time is one of fact, and depends upon circumstances. In this case a delay of five months was unreasonable.</p> <p>3. -Liability of Agent to Principal. If a sale by an agent at a price below that which the principal has authorized be ratified the agent is not liable to the principal for the difference between the authorized price and that at which the sale was made.</p>