Kraft v. Wilson

Citations

• 4 Cal. Unrep. 794
• 37 P. 790
• 1894 Cal. LEXIS 1270

Syllabus

<p>Agency,—As the Ratification of an Agent’s Act is equivalent to a prior command, a finding that an agent had authority to do an act is sustained by evidence that his principal ratified such act.</p> <p>Agency.—The Question of Ratification of an unauthorized act of an agent is a question of faet.1</p> <p>Agency—Estoppel to Deny Authority.—Plaintiff Purchased from Defendant’s Son in Law certain stock, part of which belonged to him and defendant and part to defendant and Ms son, and all of which were running on the same ranch, and credited the amount on the son in law’s account with him. Defendant, being told of the sale, gave other stock to his son, to satisfy him, but did not say anything to plaintiff, who had previously purchased stock from the son in law under similar circumstances, as was known to defendant. Defendant took an assignment from his son in law of all his interest in the stock on the ranch, and made several payments on what he himself owed plaintiff, and for which he had given his note, and also told him that his son in law had plenty of property to pay his debt, and at last gave him a mortgage two years after the sale to secure a balance he owed plaintiff. Held, that defendant, who had become the assignee of his son’s interest, could not deny the son in law’s authority to sell the stock belonging to defendant and his son.</p>