Scales v. Mount

• Decision Date: 15 June 1891
• Citation: 9 So. 513,93 Ala. 82
• Parties: SCALES ET AL. v. MOUNT ET AL.
• Court: Alabama Supreme Court

9 So. 513

93 Ala. 82

SCALES ET AL. v. MOUNT ET AL.

Supreme Court of Alabama

June 15, 1891

Appeal from circuit court, Crenshaw county; JOHN P. HUBBARD, Judge.

Action by Scales & Co. against Mount & Co., founded on an account stated. Judgment for defendants, and plaintiffs appeal.

M W. Rushton, for appellants.

Parks & Parks, forappellees.

CLOPTON J.

It is admitted that defendants were indebted, October 29, 1889, to plaintiffs in the sum of $178.95, by account, for goods sold and delivered; and that on that day they paid Tatum plaintiffs' traveling salesman, $145, for which he gave a receipt reading as follows: "Received from J. B. Mount &amp Co., $145.00 on said indebtedness of Henry P. Scales & Co., October 29, 1889." The disputed question of fact was whether this sum was paid by defendants, and accepted by Tatum, in full satisfaction and discharge of the entire demand. Parol evidence was introduced by both parties to show the understanding and agreement when the money was paid, and the receipt given, without objection by either party. No question therefore arises as to its admissibility.

In regard to the authority of Tatum to compromise and release the debt by taking a less sum, the bill of exceptions states "The testimony tended to show Tatum had authority to settle and collect the debt." The court substantially instructed the jury that authority to settle and collect the debt was authority to take and accept a sum less than the full amount of the indebtedness in compromise and satisfaction thereof. As a general rule, the authority of an agent will not be extended beyond that which is given in terms, or is necessary and proper to carry the authority given into full effect. An agent, with general authority to collect, is not authorized to compromise a claim or release the debtor except upon payment of the full amount. Lock Co. v. Harwell, 88 Ala. 441, 6 South. Rep. 750. Such authority will not be implied from the conjunctive use of the terms "to settle and collect." The latter word qualifies and limits the scope and meaning of the former, restricting it to its ordinary signification to adjust any matter that is or may be in dispute,-authority to make a settlement, and collect the amount as settled. Nothwithstanding such is ordinarily the extent of the authority thus conferred, there may be circumstances which would enlarge the meaning, and show an intention to confer authority, by the use of...