Jones v. Waterman

Citations

• 7 Cal. Unrep. 316
• 87 P. 469
• 1906 Cal. App. LEXIS 338

Syllabus

<p>Appeal—Conflicting Evidence.—A Finding of a Trial coxrt based on conflicting evidence will not be disturbed on appeal where there is sufficient evidence in the record to support it.</p> <p>Agency—Evidence of Authority.—In an Action to Recover an Agreed rent for certain reamers used by a well driller in drilling a well under contract with defendant, the memorandum of agreement between defendant and the driller, and evidence of the oral agreement between them, by which the driller agreed to furnish all tools necessary for the work, was admissible to show that no authority could be implied from the transaction by which the driller was authorized to obtain the reamers on defendant’s credit.</p> <p>Agency—Unauthorized Acts — Ratification.—Where defendant employed a well driller to drill a well on his ranch and to furnish all required tools, the fact that one of the defendant’s employees paid the expressage on certain reamers hired by the driller from plaintiff for use in drilling the well, and agreed to pay $30 toward such hire, without defendant’s knowledge, was insufficient to establish that the driller had authority to contract for the reamers on defendant’s behalf.</p>