Inter-State Machinery Corp. v. Agabiti
Inter-State Machinery Corp. v. Agabiti
Opinion of the Court
The suit was on a promissory note made by the defendants to the plaintiff at three months for the sum of $2,314. The defense was that the note was a mere receipt in.that the plaintiff had sold to the defendants a gasoline shovel of a new type for about $7,400, and had agreed to take in trade the defendant’s old steam shovel at a value of $2,314 and $5,000 in cash, which was paid less discount. The defendants further claimed that the steam shovel had been left in their possession until such time as the plaintiff would be able to
The reasons are not very well framed The first reason is that the court erred in admitting improper testimony to prove the authority of plaintiff’s agent. This is most vague and indefinite and violates our recent rule that the reasons must state legal points with the precision required in grounds of appeal. Under this rule counsel copies into his brief about five pages of testimony bearing on the holding out of Cor
Counsel challenges the allowance by the court of testimony that Corcoran told the defendants that he was agent and the extent of his authority. This was illegal, of course, but the sting was taken out of it by the production of Corcoran on the witness-stand and his testimony under oath to the same effect, which was, of course, competent.
The question of the statute of frauds may properly be answered on the theory that the transaction was an entire one involving the sale and delivery of a new steam shovel, and the payment of cash and the old one in lieu of cash.
The third reason assigned is the refusal to direct a verdict for the plaintiff. We are clear that there was a jury question and therefore there was no error in refusing to direct.
The last reason is that the verdict was against the weight of evidence. We do not think that it was.
On the whole we see no reason to disturb this verdict. Certain alleged testimony about the extent of Corcoran’s authority is invoked in support of this reason, but we are unable to find it at the place cited in the brief or elsewhere in the case.
The rule will be discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.