F. H. Groves Piano Co. v. Dalton Adding Machine Co.
F. H. Groves Piano Co. v. Dalton Adding Machine Co.
Opinion of the Court
Opinion by
There are three assignments of error. The first questions the correctness of the ruling of the court in admit
The court affirmed the defendant’s points which were as follows: “That' the burden of proof to establish agency is upon the plaintiff; that one dealing with an agent without inquiring into his authority acts at his own risk.” The last point which was “that an agent for a particular purpose has no authority to bind the principal for any other” was answered as follows: “That point is affirmed, unless the principal holds the agent out as having authority to act in other capacities.” The general charge clearly pointed out the burden resting upon the plaintiff which must be met before there could be a finding in its favor. The verdict of the jury is, therefore, conclusive of the authority of Shimp to make the lease.
The second assignment is that the court erred in refusing defendant’s motion for a nonsuit. It has been so often held that this is not assignable as error that a citation of authority is unnecessary.
The third assignment is that the court erred in refusing a new trial. There is nothing in the facts of this case which would make it necessary for us to exercise the exceptional powers of the appellate court under the Act
The assignments of error are overruled and judgment affirmed.
Reference
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- Syllabus
- Principal and agent—Evidence of agency■—Circular of principal. In an action against a foreign corporation to recover damages for a breach of a contract to lease, it is proper to admit in evidence a circular containing a statement of its corporate title, its location and where it had its offices, where the other evidence shows an offer to lease written on the defendant’s letterhead and the oral testimony showed that the person signing the letter had directed that the lease should be drawn in the name of the defendant and that the plaintiff had accepted the offer. Appeals—Assignments of error—New trial—Nonsuit. In exceptional cases only is the refusal of a new trial reversible error. The refusal of a motion for a nonsuit is not assignable in error.