Huey v. W. Ossipee Mine Co.

• Decision Date: 03 October 1916
• Citation: 99 A. 93,78 N.H. 237
• Parties: HUEY v. WEST OSSIPEE MINE CO.
• Court: New Hampshire Supreme Court

99 A. 93

78 N.H. 237

HUEY

v. WEST OSSIPEE MINE CO.

Supreme Court of New Hampshire. Carroll.

Oct. 3, 1916.

Exceptions from Superior Court, Carroll County; Pike, Judge.

Assumpsit by William Q. Huey against the West Ossipee Mine Company. There was verdict for plaintiff, which was set aside, and he excepts. Exception overruled.

The court, subject to the plaintiff's exception, set the verdict aside on the ground that, while it appeared that the defendants' president employed the plaintiff to sell their mine, it could not be found that he was authorized to employ him.

Stewart E. Rowe, of Exeter, and Thomas E. Flanagan, of Boston, Mass., for plaintiff. Leslie P. Snow, of Rochester, and Arthur L. Foote, of Sanbornville, for defendant.

YOUNG, J. It is conceded that the plaintiff cannot recover unless there is evidence from which it can be found that the defendants either held their president out as having authority to employ the plaintiff, or that they ratified the contract he made with the plaintiff. There is no evidence from which it can be found that the defendants' president was accustomed to manage their affairs as he saw fit, that they ever did any business before the transaction in question, or that the presidents of mining corporations usually have authority to manage the companies' property as they do their own; consequently, it cannot be found that the defendants held their president...