Hopkins v. Buckley, Terry & Co.
Mississippi Supreme Court
Hopkins v. Buckley, Terry & Co., 111 Miss. 621 (Miss. 1916)
71 So. 877
Smith
Hopkins v. Buckley, Terry & Co.
Opinion of the Court
delivered the opinion of the court.
(After stating the facts as above). Authority to pur■chase goods on the credit of appellant was not within the apparent scope of the authority conferred by him upon Fisher, which was simply to sell the stock of goods and account to him for the proceeds thereof. Wheeler v. McGuire, 86 Ala. 398, 5 So. 190, 2 L. R. A. 808.
Reversed, and judgment here for appellant.
Reversed.
Reference
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- Principal and Agent. Apparent authority. Purchase on credit. Where appellant purchased at a trustee’s sale a bankrupt stock of goods and placed the bankrupt in charge thereof, with direc-. tions to sell it out at retail, depositing the money taken each day in a bank to appellant’s credit and further agreed with the bankrupt that when he should turn oyer to him ah amount of money sufficient to reimburse him for the expense incurred by him in purchasing the stock of merchandise and also the account due him that the bankrupt should have whatever remained of the stock; and the bankrupt placed the name of the owner over the store and purchased and placed in this stock of merchandise several bills of goods and paid for them out of the proceeds of sales made by him of merchandse turned over to him by appellant, appellant protesting against his so doing, in such case authority to purchase goods on the credit of appellant was not within the apparent scope of the authority conferred by appellant upon the bankrupt, which' was simply to sell the stock of goods, and account to him for the proceeds thereof.