Jewell Nursery Co. v. State

Citations

• 5 S.D. 623
• 59 N.W. 1025
• 1894 S.D. LEXIS 100

Syllabus

<p>1. In order to show a ratification by a principal of the unauthorized act or contract of an agent by the acceptance and enjoyment of its benefits, it must appear that the principal had knowledge of the material facts, or that he intentionally accepted the benefits without inquiry.</p> <p>2. Where the plaintiff planted trees and shrubbery on the grounds of the agricultural college of the state, under a contract with its board of regents, which it had no authority to make, and no subsequent ratification by the state is shown, the state is liable only for the reasonable value of such trees and shrubbery.</p> <p>(Syllabus by the court.</p>