Libbey v. Harney
Libbey v. Harney
Opinion of the Court
delivered the opinion of the Court:
Appellants, Eraneis B. Libbey and John E. Libbey, copartner's trading as Libbey Brothers, filed a bill in the supreme court of the District of Columbia against Mary J. Harney and other defendants to enforce a mechanics’ lien. The claim is
It appears that one N. T. Haller, an architect in this city, was employed by defendant Harney to' prepare, and did prepare, plans and specifications for the building. Thereafter, a contract was made between Harney and one Degges for the construction by the latter of said building according to the plans and specifications, and by the terms of the contract payments were to be made from time to time to Degges on the estimates of Haller as architect. Upon securing the contract, Degges sought to obtain materials from plaintiffs for carrying out said contract, but they refused to extend him credit. Thereupon, Haller and Degges entered into an arrangement with plain tiffs to furnish the lumber and millwork for the building upon the following accepted order:
Washington, D. C., March 1, ’ll.
Mr. N. T. Haller, Ag’t:—
Please pay to the order of Libbcy Brothers, the sum of $845.-32; it being in full for amount of their estimate for lumber and millwork delivered to Brookland, District of Columbia, for Miss Mary J. Harney house, and deduct said sum from amount of my contract for said building.
James E. Degges,
Contractor, Builder.
Accepted,
N. T. Haller,
Ag’t Mary J. Harney.
Pursuant to this agreement, plaintiffs continued to furnish the materials during the construction of the house, covering a period from March- 6 to September 20, 1911. The amount totaled $996.62, upon -which-there was paid en account, on May 10th, the sum of $250.
Defendant returned to Washington in the early part of June, and testifies that she then knew the lumber was being furnished by plaintiffs. Deference to the account discloses that almost one1 half of the lumber was delivered after this time. It was being delivered while defendant was here, and with her knowledge. She further testifies that up to June 10th she had paid to Haller $3,000, and that she relied upon his paying the hills as they came due, and it appears that, from time to time, he did pay out money during the construction of the building. Her only excuse now for not investigating as to the condition of plaintiffs’ account is that she relied upon Haller doing it for her.
With knowledge of these facts, defendant is not in position to repudiate plaintiffs’ claim. Haller was defendant’s agent,' and it is not important as to her understanding of the scope of his agency, so long as she acquiesced in, and received the benefits of, his acts to an extent which would justify the public in believing that she had authorized him to act in that capacity. Assuming that Haller was nothing more than the architect, it
It is therefore of little or no importance, in the light of subsequent events, what authority Haller had when the agreement was originally made with plaintiffs. “Agents are special, general, or universal. Where written evidence of their appointment is not required, it may be implied from circumstances. These circumstances are the acts of the agent, and their recognition or acquiescence by the principal. The same considerations fix the category of the agency and the limits of the authority conferred. Where one, without objection, suffers another to do acts which proceed upon the ground of authority from him, or by his conduct adopts and sanctions such acts after they are done, he will be found, although no previous 'authority exist, in all respects as if the requisite power had been given in the most formal manner. If he has justified the belief of a third party that the person assuming to be his agent was authorized to do what was done, it is no answer for him to say that no authority had been given, or that it did not reach so far, and that the third party had acted upon a mistaken
In any view of the case, defendant’s liability is absolute. The decree will therefore be reversed, with costs, and the court below is directed to enter a decree as prayed for in the bill.
Reversed.
Reference
- Full Case Name
- LIBBEY v. HARNEY
- Status
- Published
- Syllabus
- Mechanics’ Lien; Architects; Principal and Agent. A materialman who, having refused a building contractor credit, furnished materials upon an order of the contractor on the architect to pay for the materials, and to deduct the amount from the contract price, which order was accepted by the architect as agent for the owner, who subsequently approved his aet, is entitled to a mechanics’ lien.