Warder, Mitchell & Co. v. Pattee Bros.
Warder, Mitchell & Co. v. Pattee Bros.
Opinion of the Court
We do not think that there was anything in the nature of Bickford’s employment which implies authority to purchase the property. As to whether the authority was expressly given the evidence is conflicting and leaves our minds in some doubt. Bickford testifies that the authority was expressly given him by ,a letter now lost, and that the letter was shown to Davis & Collins at the time when the purchase from them was made. M. Collins, of the firm of Davis & Collins, testifies that such letter was shown him and read by him. For the purpose of rebutting this evidence the testimony of two of the defendants was taken and they both deny that they wrote such letter, and deny that such letter was written by any member of the firm. They also testify that after the execution of the note they received a telegram from Davis & Collins inquiring if Bickford was authorized to purchase a team; and they ask us to infer that it was not true that Davis & Collins had been shown a letter giving such authority, as that would have obviated the necessity of inquiring by telegraph.
Bickford testified that after he purchased the team and used it for a while, the defendants wrote him that they wished he would sell it, and expressed a hope that they would not lose anything. Both the Pattees deny writing any such letter, but it might have been written by Pillsbury.
As impairing to some slight extent, at least, the credibility of the .Pattees, we may mention the unqualified way in which they saw fit to testify to what they could not, in the nature of things, positively have known.
Again, one of the Pattees testifies that they paid Bickford for the use of the team at the time of Bickford’s final settlement. On cross-examination he shows that Bickford was owing them at that time, and it was made abundantly evident that no money passed to Bickford for the purpose of making such payment, and it is not certain indeed that anything was actually credited him in account.
In view then of the evidence, taken together, we have reached the conclusion that the defendants either consented to the purchase beforehand or assented to it afterwards.
We ought to say that Pattee denies saying to Bickford at Cedar Rapids what Bickford says he did, and testifies to saying something very different. But what he testifies to is inconsistent with the conclusion we have reached in regard to authority to make the purchase, and we have to say that the testimony of Bickford appears the more credible.
We are of the opinion then that the defendants were liable upon the note. 1
Having reached this conclusion we need not consider the question raised by defendants as to the right of the plaintiffs to recover upon the account.
Affirmed.
Reference
- Full Case Name
- Warder, Mitchell & Co. v. Pattee Bros. & Co.
- Status
- Published