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· 2/16/1910

Keenan v. Lauritzen Malt Co.

Citations

  • 57 Wash. 367
  • 106 P. 1122
  • 1910 Wash. LEXIS 758

Syllabus

<p>Principal and Agent — Authority—Employment of Attorneys— Evidence — Sufficiency. A person prosecuted for maintaining a place in which, intoxicating liquors were kept for unlawful sale and for selling the same without a license, was a general distributing agent of a foreign corporation which owned the goods, and was acting within the scope of his general authority in employing an attorney to defend him and to resist seizure and sale of the goods, valued at several thousand dollars, where it appears that the agent so represented to the attorneys and showed them correspondence between himself and the company bearing out his statements, that the right to sell the goods had been similarly litigated in other states, that the agent kept the company fully advised as to the prosecutions, wrote for instructions, and made a payment on the account by draft on the company, which acquiesced in and ratified the employment.</p> <p>Evidence — Secondary Evidence — Notice to Produce Letter— Time. It is not error to admit evidence of the contents of a letter, demanded only twelve days before the trial, on the theory that the time was not sufficient for procuring and forwarding the letter from Minneapolis; as the time appears ample, in the absence of proper showing to the contrary.</p>

Judges: Gose

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