Love, Warren & Monroe Co. v. Ennis

Citations

• 96 Wash. 352
• 165 P. 119
• 1917 Wash. LEXIS 604

Syllabus

<p>Appeal — Parties—Notice—Service on Coparties — Claims Under Jurisdictional Amount. Under Rem. Code, §§ 1719, 1720, requiring service of notice of appeal upon coparties similarly affected, it is not necessary, upon an appeal in probate disallowing claims of creditors, to serve notice upon coparties whose claims were for less than $200 and hence unappealable under .Const., art. 4, § 4, since they had no appealable interest or right to appeal.</p> <p>Executors and Administrators — Power to Carry on Business. A parol direction, prior to death, does not authorize an administratrix to continue the business of the deceased for the benefit of the family.</p> <p>Principal and Agent — Authority of Agent — Ratification. An •administratrix is estopped to assert that she did not authorize her manager to continue the business of a store and purchase new goods, where she was employed in the store when the goods were coming in, did not repudiate them but promised to pay for them, and obtained an order of court to permit a reduction sale over the counter.</p> <p>Executors and Administrators — Continuance of Business — ■ Statutes — Order. Under Rem. Code, § 1497, providing that the court may allow the administrator to sell all or part of the personal estate at private sale, it is discretionary to authorize a temporary continuance of the decedent’s business; but an order authorizing an administratrix to sell a stock of goods at private sale in such manner as to her seems best, does not justify the purchase of additional merchandise to keep up the stock or more than necessary to sell the remaining stock to the best 'advantage.</p> <p>Same — Continuance of Business — Rights of Trade Creditor. Where an administratrix continues a business in violation of the rule forbidding the purchase of new stock, trade creditors furnishing the business with merchandise are restricted to that part of the estate assets embarked in the business to which they contributed.</p> <p>Same — Continuance of B