Petersen v. Pacific American Fisheries

Citations

• 108 Wash. 63
• 183 P. 79
• 8 A.L.R. 198
• 1919 Wash. LEXIS 841

Syllabus

<p>Principal and Agent (34)—Authority of Agent—Sales—Evidence—Sufficiency. Where the lease of a box factory required the lessee to finish and market certain stock on hand belonging to the lessor, receiving therefor actual cost and ten per cent added together with reasonable commissions, the lessee was clothed with apparent authority to sell the stock and receive payment for the same.</p> <p>Same (35, 42)-—Collection of Debts-—Powers of Agent—Revocation—Evidence—-Sufficiency. In such case, the fact that one of the lessors was referred to for an inventory and assisted in negotiating and consummating the sale did not revoke the lessee’s authority to make the sale and collection, especially where the buyer had reason to suppose that such lessor was acting only as agent for the owner and not as owner.</p> <p>Same (38)—Apparent Authority. As between one of two innocent parties, the loss must always fall upon the principal who has clothed an age'nt with apparent authority and enabled him to obtain an advantage over an innocent purchaser.</p> <p>Appeal (135)-—Objections—Judgment. The failure to include interest in a judgment cannot be raised for the first time in. the supreme court.</p>