Livieratos v. Commonwealth Security Co.

Citations

• 57 Wash. 376
• 106 P. 1125
• 1910 Wash. LEXIS 760

Syllabus

<p>Corporations — Officers and Agents — Authority to Contract— Vendor and Purchaser. A sales agent for a corporation has apparent authority to enter into a contract, and may therefore bind the company to refund all purchase money paid after payment of six monthly installments, if the purchaser is then dissatisfied, where it appears that the agent had general authority to make sales, and that the officers and agents met at frequent intervals to discuss the affairs of the company, on which occasions the president authorized the sales agents to make such a contract with purchasers; since the sales agents had a right to assume that the corporation was speaking through its president, unless the contrary appears.</p> <p>Vendor and Purchaser — Contracts—“Prompt” Payment — Remedies of Purchaser — Refunding Price. Where a contract for the sale of lots requiring payment in monthly installments provided for forfeiture in case of default for more than sixty days, payments made within the sixty-day limit are “promptly” made, within the meaning of an agreement to refund tbe first six installments if tbe purchaser is then dissatisfied and tbe same have been “promptly-paid.”</p> <p>Tendee — Necessity—Waives. A tender is not necessary where it conclusively appears that it would not have been accepted if made.</p>