Reynolds v. Ferree

Citations

• 86 Ill. 570

Syllabus

<p>1. Agency—when acts and statements of agent are binding. The statements and agreements of a party’s son in respect to notes of the father, without proof of agency, are not admissible in evidence, and will have no binding effect on the father, unless, with a full knowledge of all the facts and circumstances, he has ratified, expressly or impliedly, the acts of his son.</p> <p>2. It is error to permit the statements of a party’s son to go in evidence, against objection of the father, without proof that he was the general or special agent of his father, and authorized, by the terms of his agency, to make the arrangement claimed to have been made by him.</p> <p>3. Parties, in dealing with an assumed agent, should be careful to see and be assured that he is the agent he represents himself to be, and that he is acting within the scope of his powers.</p> <p>4. If a father authorizes his son to act as his agent in respect to his notes on another, then, to the extent of the authority conferred, the acts and statements of the son while performing the business of h .s agency will be binding. But authority in a son to keep a party’s books and accounts, and to figure the interest due on notes, does not show authority in the son to collect and settle such notes and accounts.</p> <p>5. Same — by adopting unauthorized acts. The doctrine of ratification of an unauthorized act in behalf of another is, that 1he principal shall be fully and fairly informed of all the facts and circumstances of the transaction. The acceptance of corn in payment on notes, not ir. value equal to the sum due on the notes, under an arrangement made by the party’s son without authority, will not bind the father to the son’s agreement ;o take the corn in full satisfaction, unless the father is informed of such agreement before he accepts.</p>