Isaacs v. Jackson Motor Co.

Citations

• 108 Kan. 17
• 193 P. 1081
• 1920 Kan. LEXIS 541

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Sale of Machinery — Authority of One Assuming to Act as Agent — Finding. In a controversy herein as to whether or not one who made a sale of machinery was the agent, of the defendant, and as to whether the defendant was hound by his agreements and.action, it is held that the evidence is sufficient to uphold a finding of agency.</p> <p>2. Same — Contract Made by One Assuming to Aot as Agent — Ratification by Principal. The company, upon learning that a person had assumed to act as its agent and had made a contract in its name, should have promptly disavowed the assumption of authority and repudiated the transaction, and as it failed to do so it is presumed to have affirmed and ratified the contract.</p> <p>3. Same — The company, having knowledge of the transaction and having accepted and retained the fruits of the contract made in its behalf, is deemed to have ratified the contract made, and is estopped to deny the agency.</p> <p>4. Warranty — Sale of Machinery with Warranty — Breach of Warranty —Measure of Damages. The machinery purchased being defective and not in compliance with the warranty given, the plaintiffs were entitled to recover as damages the difference between the value of the machinery as warranted and its value as delivered, and also for the reasonable and necessary repairs made by the plaintiffs in a bona fide endeavor to make it work.</p>