Kendall v. Earl

Citations

• 5 Cal. Unrep. 351
• 44 P. 791
• 1896 Cal. LEXIS 1069

Syllabus

<p>Agency—Ratification — Neglect to Disavow Agent’s Acts.— Plaintiff consigned goods to defendants, with instructions not to sell below a certain price without first advising him. Defendants sold at a price lower than that named and without consulting plaintiff, but notified him immediately after the sale. Plaintiff was absent from home when defendants’ letter arrived, but, after his return, made no objection to the sale, until several months had elapsed. Held, that plaintiff’s failure to disavow defendants’ acts immediately on the learning of the facts of the sale was a ratification precluding recovery of damages therefor.1</p>