Gilchrist v. Pearson
Mississippi Supreme Court
Gilchrist v. Pearson, 70 Miss. 351 (Miss. 1892)
Campbell
Gilchrist v. Pearson
Opinion of the Court
delivered the opinion of the court.
"Whatever may have been the authority of Nelson to represent Gilchrist as to his lands in Mississippi, there is nothing disclosed to suggest that he was authorized to biiid him by a contract to purchase 60,000 staves of Pearson, and sell them to Leonard, and the instruction to the jury to find for the defendant should have been given.
Reversed,. and remanded for a new trial.
Reference
- Full Case Name
- Andrew Gilchrist v. L. L. Pearson
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Agency. As to lands. Contract of sale of personalty. Authority. A non-resident banker having an agent in this state to look after his wild. land here, with power to negotiate sales thereof, subject to approval, pay taxes, sue for trespass, and otherwise exercise general supervision as to the land, is not bound by á contract made by such agent, in his name, to buy 60,000 staves, and sell them to another. So held, although the contract grew out of' a transaction in which the agent had, by replevin, seized 23,000 of the staves as having been cut on the land of his principal, and which the principal had authorized him to sell.