Thurber & Co. v. Anderson

Citations

• 88 Ill. 167

Syllabus

<p>1. Agency—-party bound by acts of one suffered to act as Ms general agent. Where a sou is suffered to act as a general agent for his father, both in buying and selling articles in the father’s line of business, the public will be justified in assuming that the son possessed all the powers of a general agent in buying and selling, and the father will be liable for goods ordered by the son in his father’s name, suited to his business, though the son uses the same himself.</p> <p>2. Same—presumption of authority to buy. While it is true, an authority to buy goods can not be inferred simply from an authority to sell, yet, where a clerk or shopman has been accustomed to buy as well as to sell for his principal, the presumption of full authority is equally applicable to both. By permitting another to hold himself out to the world as his agent, the principal adopts his acts, and will be held bound to the person who gives credit thereafter to the other.</p> <p>3. Same—presumption as to goods being adapted to principal!s business. Where the son of a grocery and saloon keeper, accustomed to buy and sell goods in his father’s name, ordered a lot of imported cigars and ale in his father’s name, but used the same himself, it will not, in the absence of proof to that effect, be presumed the goods were not adapted to the father’s business, so as to preclude a recovery against him.</p>