Murphy v. Ottenheimer

Citations

• 84 Ill. 39

Syllabus

<p>1. Parent and child—liability of father to persons selling goods to his son. There must be an express promise, or circumstances from which a promise by the father can be inferred, to hold him liable for necessaries furnished his infant child by a third person.</p> <p>2. Same—authority of child, as agent to make purchases. If a father permits his minor child to purchase goods on his account, whether for himself or the father, and the latter pays for them without objection, it will afford a reasonable presumption of agency with full power to make the purchases. The proof of such agency is the same as to a wife or servant.</p> <p>3. Agency—when agent may bind principal after his authority ceases. An agent, in the employment of a person to perform certain duties for the principal, can bind the latter within the line of his duty, even after hi s agency has ceased, if done within a short period afterwards, and without knowledge on the part of one dealing with him, that the agency has ceased.</p> <p>4. When a father permits his minor son to buy goods on his credit, the fact that the son has left the father will not prevent a recovery against the latter for goods sold to the son, by a party acting on the faith of the agency of the son, and without notice of the change of relation, or circumstances to put him on inquiry.</p>