Kramer v. Compton

• Decision Date: 21 April 1910
• Citation: 166 Ala. 216,52 So. 351
• Parties: KRAMER v. COMPTON.
• Court: Alabama Supreme Court

52 So. 351

166 Ala. 216

KRAMER v. COMPTON.

Supreme Court of Alabama

April 21, 1910

Appeal from Circuit Court, Marengo County; John T. Lackland, Judge.

Assumpsit by J. H. Compton against H. Kramer. From a judgment for plaintiff, defendant appeals. Affirmed.

It appears that the controversy was over an amount advanced to John Wingate, and the evidence for the plaintiff tended to show that Wedemeyer came to plaintiff and asked him if he would advance to Wingate corn, hay, oats, etc., for his team while he was hauling staves for the defendant, and that he advanced Wingate $304.30. The evidence as to the agency of Wedemeyer is set out in the opinion. The court also permitted evidence, over the objection of the defendant, tending to show that the defendant paid bills in the summer of 1908 to other parties, which were for goods bought by Wedemeyer as agent. The defendant also sought to show by the same witnesses that Kramer informed the witness, before paying the bill, that he was not obliged to pay the same, and that he had given Wedemeyer no authority to make it. The defendant also sought to show that the balance in his hands due Wingate had been paid to James, Marion & Co., and he also sought to show that he did not authorize his agent, Wedemeyer, to contract any bills in buying corn, oats, and hay for the men who were hauling staves.

The following charges were given at the request of the plaintiff "(A) If the jury believe from the evidence that plaintiff sold and advanced to defendant's agent goods and merchandise during the early part of 1908, and the same were unpaid for, the jury must find for the plaintiff for the amount due on said merchandise and goods. (B) If the jury believe from the evidence in this case that plaintiff sold and advanced goods, merchandise, and cattle, amounting to $304.35, to the defendant's agent, W. B. Wedemeyer during the early part of the year 1908, and that said amount is unpaid, the jury must find for the plaintiff. (C) A principal is liable for the acts of his agent, done within the scope of his apparent authority."

William Cuninghame, for appellant.

Abrahams & Taylor, for appellee.

SIMPSON J.

This suit was brought by the appellee against the appellant, by attachment, the first count in the complaint being the Code form on account due by defendant to the plaintiff, and the second being for goods, etc., sold and advanced to the defendant's agent. The defendant appeared by attorney and no pleas appear by the record to have been filed, but the judgment entry states that issue was joined on the pleadings filed, which necessarily means the general issue to the complaint. Although there was no allegation in the second count that the agent was authorized to bind the defendant, or that the goods were advanced to the agent, at the special interest and request of the defendant, yet the only issue raised by the evidence is the question of the liability of the defendant for the acts of the agent. It is not disputed that one Wedemeyer was employed by the defendant to oversee the getting out of staves for the defendant, and having them hauled to the shipping point, but the defendant contends that Wedemeyer was simply employed, at a certain price, to attend to that matter, without any authority to purchase any supplies on the defendant's account, and without being held out as a general agent; while the plaintiff claims that the defendant had authorized him to make the advances to said agent, and charge the same to him, and he relies mainly on a letter which he claims to have received from the defendant date not given, though from other testimony it appears to be in December, 1907, which letter has been lost, and plaintiff was allowed to state its...