Runkle v. Burnham

Citations

• 153 U.S. 216
• 14 S. Ct. 837
• 38 L. Ed. 694
• 1894 U.S. LEXIS 2177

Syllabus

<p>A contract for a loan and water works in Havana having been awarded to ■ R., G., L. and M., a deposit was required as a guarantee. N. was employed by R. to raise the money. He borrowed it from B. R. became the assignee of the'interests of his-co-contractors, and then failed to perform the contract. In order' to procure a general release from the liabilities arising from such failure, he gave a power of attorney to Q.,. who thereupon, in his name and as attorney in fact, entered into an ■ agreement in writing with B. by which it was, among other things, agreed that R. should pay to B. an agreed balance of $19,087.36 in three-months from date, with interest at 9 per cent. That sum not being paid when due, B. sued R. to recover it. ' Held,</p> <p>(1) That the power granted by R. to Q. was outstanding when the agreement was executed;</p> <p>(2) That the agreement made by Q. with B. was. authorized by the power;</p> <p>(3) That E., having taken an assignment of the respective interests of his co-contractors, stood in their shoes, and that evidence touching the transaction, admissible against an assigning co-contractor, was admissible against him.</p> <p>The rejection of evidence immaterial to the result did not constitute reversible error.</p> <p>A witness may be asked as to the relations of the parties at the time of the execution of a written power of attorney, although his answers may have a bearing upon their obligations arising under a written contract made under the power.</p> <p>Findings of fact made by the court below are binding here when there is any evidence to support them.</p> <p>A defendant who, after denial of his motion for a nonsuit made at the close of plaintiff’s evidence in chief, offers evidence in his own behalf, thereby waives his motion and an exception to the denial of it.</p>