Interstate Bank & Trust Co. v. Welsh

Citations

• 118 La. 676
• 43 So. 274
• 1907 La. LEXIS 785

Syllabus

<p>1. Corporations — Contract with Agent — Evidence ott Authority.</p> <p>Where defendant relies upon an agreement alleged to have been made between himself and. a corporation, he must show by legally sufficient evidence that the person with whom he has dealt held towards such corporation the relations which he assumed to have, and that holding such relations he was authorized to make the particular agreement set up.</p> <p>[Ed. Note'. — For cases in point, see Cent. Dig. vol. 12, Corporations, §§ 1726, 1730.]</p> <p>2. Contracts — Modification—Time to Sub-Answer After Default.</p> <p>Plaintiff’s suit was not premature under the original contract between the parties. Defendant averred that by a subsequent agreement that contract had been modified and an extension been given, which subsequent agreement plaintiff had ignored and violated by bringing the suit as soon as he did. He was entitled to set up these facts after default in an answer.</p> <p>(Syllabus by the Court.)</p>