Larpenteur v. Williams

Citations

• 12 S.D. 373
• 81 N.W. 625
• 1900 S.D. LEXIS 33

Syllabus

<p>Though H. was authorized to make tho written agreement for sale to plaintiff of defendant’s land, and properly received the money and notes provided thereby, plaintiff having paid the notes 1o the indorsee thereof, and seeking to recover $100 of defendant on tho ground that IT. had made an oral agreement lo accept that amout of a debtor of plaintiff as payment on one of the notes, has the burden of showing that II. had authority from defendant to and did receive the $100; the receipt by defendant of the cash payment, and notes provided by the written contract being no ratification of the oral agreement as to the §100.</p>