Paige-Detroit Motor Car Co. v. Pintado

Citations

• 82 Fla. 210
• 89 So. 549

Syllabus

<p>1. Where a person conducts a garage and is engaged in selling automobiles manufactured by a certain manufacturing company, the question whether the relation of principal and agent exists between the manufacturer and the person operating the garage will be determined by the terms of the written contract entered into by them in the absence of any act or admission by the manufacturer that the person operating the garage was authorized to bind the manufacturer by contract in the sale of automobiles manufactured by the company.</p> <p>2. When an action is brought by the purchaser of an automobile against the manufacturer to recover an overcharge on the price of a car purchased from a person operating a garage who held himself out as a “distributor” of ears of the bind purchased, the burden of proving the seller’s agency for the manufacturer is upon the plaintiff, and the burden cannot be met successfully by proving the acts and declarations of the seller and purchaser indicating the existence of such relation or the purchaser’s belief that it existed.</p>