Howe Machine Co. v. Ballweg
Howe Machine Co. v. Ballweg
Opinion of the Court
delivered the opinion of the Court:
It is claimed by appellant that the payments to Reed making up the $52.75 were not payments to the company, and this upon the ground, they say Reed had no authority to receive the same in behalf of the company. Without entering into an elaborate discussion of the evidence in this case, it is sufficient to say, that upon a. careful examination, we are of opinion that the evidence shows affirmatively that Reed was permitted to transact business in behalf of the company, and that with the knowledge of the controlling representatives of the company, in such a manner that Reed was held out to the appellee and to the world as the agent of the company, with general powers.
It has often been declared by this court, that where it appears clearly and affirmatively, from the record brought here, that the verdict upon which a judgment in question rests is right, and this so plainly that had the verdict been otherwise it would have been the duty of the circuit court to have set it aside, in such case this court will not reverse the judgment, although it may appear that the court in charging the jury committed errors. This rests upon the ground that such errors have done the appellant no harm. This case comes plainly within that rule, and the judgment must be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- The Howe Machine Company v. Joseph Ballweg
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Agency—payment to agent—when held out as having general powers. Where a person, selling a machine for a company, is permitted to transact business in behalf of the company, with the knowledge of its controlling representatives, in such a manner that he is held out as an agent with general powers, the purchaser will be protected in subsequent payments made to him. 2. Practice in Supreme Court—when error will not reverse. Where a verdict upon which a judgment is rendered is so plainly right that it would be the duty of the court to set it aside if it had been otherwise, this court will not reverse for errors in instructions to the jury.