Puget Sound Lumber Co. v. Krug

Citations

• 89 Cal. 237
• 26 P. 902
• 1891 Cal. LEXIS 804

Syllabus

<p>Principal and Agent—Ratification of Unauthorized Act —Knowledge of Principal. —To constitute a subsequent ratification of an unauthorized act sufficient to create an agency, the principal must have had previous knowledge of all the material facts Id. — Assumption of Agency Essential to Ratification. — A subsequent ratification is effectual only when the act is done by a person professedly acting as the agent of the party sought to be charged as principal.</p> <p>Id.—Authorization of Agent — Husband and Wife — Circumstantial Evidence. — An agency by precedent authorization, including the agency of a husband for his wife, may be proved by circumstantial evidence.</p> <p>Id. — Sale to Agent — Liability of Undisclosed Principal — Husband and Wife. — A person selling property to a husband in ignorance of the fact that he is the agent of his wife may, upon discovering the agency, resort for payment either to the husband or to the wife.</p> <p>Appeal — Conflicting Evidence — Order Granting New Trial. — Where the evidence is conflicting, and an order granting.a new trial may have been made on the ground of a supposed preponderance of evidence in favor of the losing party, the order will not be disturbed on appeal.</p>