Wallace v. Oceanic Packing Co.

Citations

• 25 Wash. 143
• 64 P. 938
• 1901 Wash. LEXIS 374

Syllabus

<p>APPEAL-BOND-OBJECTIONS TO SURETIES-NEW BOND-TIME OF PILING.</p> <p>Where objection is made to the sufficiency of the sureties upon an appeal bond, and a day is set for their .examination, but they fail to appear and justify on said day, the appellant is warranted, under Bal. Code, § 6510, in filing within five days thereafter a new bond with new sureties.</p> <p>SAME-EXTENSION OF TIME FOE FILING OF STATEMENT-BY WHOM GRANTABLE.</p> <p>Under Bal. Code, § 5062, which provides that the time for filing a statement of facts may be extended “by an order of the court or judge wherein or before whom the cause is pending or was tried,” where there are several judges presiding over the superior court of a county, any one of such judges may enter an order extending the time for filing a statement of facts, although the cause was tried before another judge of that court.</p> <p>PRINCIPAL AND AGENT-RESCISSION OF CONTRACT-AUTHORITY-INTEREST OF AGENT.</p> <p>Where a corporation has not authorized the rescission of a contract entered into by its president in its behalf, such president has no authority to rescind, even though the contract may have been made by him under a general authority to enter into such contracts without submitting the same to the board of directors; and especially is this so where his own private interest would be advanced by the rescission at the expense of his principal.</p>