Key v. Thomas Lyons Co.

Citations

• 109 Kan. 281
• 198 P. 928
• 1921 Kan. LEXIS 125

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Agency — To Buy Broom, Corn' — Agent Paying with Check Signed in Principal’s Name — Check Dishonored — Claim of Revocation of Agency —Appointment and Authority of Agent — Burden of Proof. On October 5, Lowry was agent of the defendant, to buy broom corn, pay for it with checks from a check book supplied by the defendant, and accept delivery. On that date the plaintiff, knowing Lowry was the defendant’s agent, sold to him, as such agent, three carloads of broom corn. On November 2, the plaintiff delivered the broom corn to Lowry, and received from him one of the defendant’s checks, in payment of the price. The defendant dishonored the check because, as it said, it had revoked Lowry’s agency on October 15. No notice of revocation was given. Held:</p> <p>1. Lowry’s agency, not being evidenced by writing, was provable by his testimony regarding the facts of his appointment and authority, but not by his declarations or conduct.</p> <p>2. Agency being established, the plaintiff’s knowledge of the agency was provable by statements of Lowry that he was agent, made to the plaintiff during continuation of 'the agency.</p> <p>3. Under the circumstances stated, the presumption was that the agency existing on October 5 continued, and the burden of proof to show termination of authority to complete the initiated sale rested on the defendant.</p> <p>4. In the absence of notice of revocation of Lowry’s authority, the plaintiff was privileged to accept and collect the check, although he had not, before October 5, dealt with Lowry as the defendant’s agent or received from him any of the defendant’s checks.</p>