Johnson v. The Pacific Mail S.S Co.
California Supreme Court
Johnson v. The Pacific Mail S.S Co., 5 Cal. 407 (Cal. 1855)
Heydenfeldt
Johnson v. The Pacific Mail S.S Co.
Opinion of the Court
Murray, C. J., concurred.
There was shown no power on the part of Robinson, Bissell & Co. to employ an agent of the defendants. If the plaintiff had sued for work and labor done as the employee of the Company, possibly the evidence would have entitled him to a recovery. But the present action would be no bar to a subsequent action for that purpose, and therefore the evidence does not support it.
The judgment is reversed and the cause remanded.
Reference
- Full Case Name
- CHARLES R. JOHNSON v. THE PACIFIC MAIL STEAMSHIP COMPANY
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Tbe plaintiff sued to recover for services as agent of defendants, under an alleged agreement with defendants’ agent, but there was no proof that the agent had authority to make the agreement. Held, that the plaintiff should have sued for work and labor done, and not upon the agreement.