Cochran v. Richardson & Whipple
Cochran v. Richardson & Whipple
Opinion of the Court
The right of the plaintiff to recover of the defendants for the eight tubs of butter charged in his account rests upon the authority of Don C. Richardson, a sou of one oí the defendants, and the managing agent in the care of their store' at Craftsbury, to bind them, as their agent, on his contract with the plaintiff, on the facts reported by the auditor.
It is well settled that the authority of a general agent to per-» form all things usual in the line of business in which he is employed cannot be limited by any private order or direction not known to the party dealing with him, and snch an agent may have power to bind his principal by contracts unauthorized by, and even in defiance of, his instructions. A general agent is a person whom the principal puts in his place to transact all his business of a pai'ticular kind ; and the agent’s authority may be expressly given, or may he inferred from the acts or conduct of his supposed principal. Where the authority is to he inferred from the acts or conduct of the principal, the general rule is that the extent of the agent’s authority is, as between the principal and third parties, to be measured by the character and extent of his usual employment. In these cases, the apparent authority is considered as the real authority. It cannot be questioned that Don C. Richardson was the general agent of the defendants in carrying on the business of their store in Craftsbury, and that, within the regular course of his business employment, he could make contracts binding on the defendants. But to make his contract thus binding on the defendants it is necessary that it should have been made by him in their behalf or for their benefit.Will the facts reported by the auditor justify the conclusion that the contract made by the plaintiff with Don C. Richardson was within the regular course of the business of the defendants’ store ? It appears that the authority of Don C. Richardson in respect to the purchase of butter was limited by instructions from his principals, directing him not to pay cash for butter, but to take
If the auditor’s report showed that the defendants received any benefit from the contract made by the plaintiff with Don C. Eichardson, or from the property delivered by the plaintiff under that contract, the questions made in this case might be entitled to a different consideration ; but, on the facts reported, we are
Reference
- Full Case Name
- J. M. H. Cochran v. Richardson & Whipple
- Status
- Published