La Rue v. St. Anthony & D. Elevator Co.

Citations

• 3 S.D. 637
• 54 N.W. 806
• 1893 S.D. LEXIS 26

Syllabus

<p>1. The statements, representations, or admissions of an agent, to he admissible in evidence to bind his principal, must have been made at the time of doing the act he is authorized to do, and must have been concerning the act he was doing, either while actually engaged in the transaction or so soon thereafter as to be in reality a part of the transaction and constitute a part of the res gestae.</p> <p>2. When an agent of an elevator company has purchased wheat, and received it into the elevator, where it is mingled with other wheat in such elevator, his statements, declarations, or admissions made subsequently, to a third person, as to the party from whom the said wheat was purchased, the parties who delivered the same, and the number of bushels delivered, are not admissible in evidence to bind his principal, in the absence of evidence that he was specially authorized to make such, statements or admissions, or evidence of a general custom that such agents possessed such authority.</p> <p>(Syllabus by the Court.</p>