Smuckler v. Di Napoli

Citations

• 62 Pa. Super. 570
• 1916 Pa. Super. LEXIS 477

Syllabus

<p>Principal and agent — Contract—Failure to disavow act of agent —Custom—Evidence.</p> <p>A principal who neglects promptly to disavow an act of his agent by which the latter has transcended his authority makes the act his own. He is bound to disavow it the first moment the fact comes to his knowledge.</p> <p>Where a dealer in flour with the full knowledge of the fact that his agent had sold five barrels of flour to a customer as a sample to be followed by one hundred barrels, if satisfactory to the customer, delivers to the customer the five barrels without any intimation that that was to be the extent of the order, and that the five barrels are delivered free from any obligation as to future deliveries, he acquiesces in the contract made for him by hi_s agent, and is bound to deliver one hundred barrels.</p> <p>In such a case the court will not consider evidence that according to the custom of flour merchants it was optional for the vendor to deliver the flour, where there is no proof that the custom was notorious, universal and well established, or was actually known to the plaintiff.</p>