Mendenhall v. Sherman
Decision Date | 12 June 1916 |
Parties | E. L. MENDENHALL, Respondent, v. ADRAIN F. SHERMAN, Appellant |
Court | Kansas Court of Appeals |
Appeal from Jackson Circuit Court.--Hon. C. I. Spellman, Special Judge.
REVERSED.
Judgment reversed.
Thad B Landon for appellant.
Garnett & Garnett for respondent.
--This action is on an account for printing abstracts and briefs to be used in this court in a case pending here. The trial was had without the aid of a jury and judgment rendered for the plaintiff.
Neither the work nor the amount of the account is disputed. The whole question for decision is whether defendant who gave the order is liable as a principal, or whether, being an agent, he is not liable. The only testimony was that of plaintiff's solicitor for work of the kind. From his testimony it directly appears that he solicited work for the plaintiff and had experience in that line. That he saw from the records in this court that the case of Moody, Respondent v. Baxter and Walter, Appellants, had been filed and docketed for hearing in this court and that defendant was attorney for the appellants. That he sought out defendant and solicited and obtained the printing. Nothing was said about who it was to be charged to, though in fact, he charged it to defendant but it did not appear that defendant knew this. That the printing was done and the abstract and briefs delivered to defendant. He demanded payment of defendant who finally referred him to his client, Walter, who did not pay. It does not appear why he did not. The following letter from defendant to plaintiff was introduced by plaintiff:
Defendant insists that the foregoing evidence not only fails to make a case against him but that it affirmatively shows he was not liable and so he asked the court to declare. The question turns on the law of liability of an agent for work done for his principal, and we think it is clearly against the judgment rendered.
It is well settled that an attorney has authority as agent for his client, to bind the latter for the price of printing briefs. [Williamson Paper Co. v. Bosbyshell, 14 Mo.App. 534; Tyrell v. Milliken, 135 Mo.App. 293; 2 Mechem on Agency, sec. 2169; 4 Cyc. 932.]
And in prosecuting his engagement, "He acts primarily for his client and his authorized engagements, where he is known to be acting as such, should be held binding upon the client rather than upon himself, in the absence of evidence that he intended to bind himself." [2 Mechem on Agency, sec. 2216.]
[Bonynge v. Field, 81 N.Y. 159, 160.]
In Sanders v. Riddick, 127 Tenn. 701, 706, 156 S.W. 464, it is said that: "The expenses...
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