Heinzerling v. Agen

Citations

• 46 Wash. 390
• 90 P. 262
• 1907 Wash. LEXIS 624

Syllabus

<p>Principal and Agent — Authority—Ratification—Notice to Put on Inquiry — Instructions. Upon an issue as to whether a principal ratified the unauthorized act of his agent in agreeing to give another one-half of what might be collected upon a claim purchased from such third person, it is error to instruct that the jury might find such ratification if the principal had sufficient knowledge of the transaction to put him on inquiry; and such error is prejudicial where there was conflict as to whether the principal had actual knowledge, and it cannot be said that no other verdict would have been rendered (Crow and Dunbar, JJ., dissenting).</p> <p>Principal and Agent — Proof of Agency — Question for Jury. Where the principal’s acts and admissions tend to show that one M. was acting as agent in purchasing a claim, and M. testified that, in making a compromise, he yielded to that claim, although he acted on his own behalf, the question of his agency is for the jury.</p>