The Randolph Lumber Company v. The Western Silo Company
| Decision Date | 09 May 1914 |
| Docket Number | 18,835 |
| Citation | 140 P. 867,92 Kan. 368 |
| Parties | THE RANDOLPH LUMBER COMPANY, Appellant, v. THE WESTERN SILO COMPANY, Appellee |
| Court | Kansas Supreme Court |
Decided January, 1914.
Appeal from Riley district court; SAM KIMBLE, judge.
Judgment reversed.
SYLLABUS BY THE COURT.
AGENCY--Sales Ratified by Principal--Principal Liable for Commissions. Evidence that a salesman of a manufacturing company employed a local agent to make sales on stated terms, and that sales made by the person so employed were reported and filled, justifies a finding that the company is liable for commissions according to the agreement.
Alvin R. Springer, of Manhattan, and F. L. Williams, of Clay Center, for the appellant.
John E. Hessin, and John Clarke Hessin, both of Manhattan, for the appellee.
The Randolph Lumber Company, a corporation engaged in the retail lumber business at Randolph, brought action against the Western Silo Company, a corporation manufacturing and selling wooden silos. A demurrer was sustained to the plaintiff's evidence, and it appeals.
The petition alleged that the defendant had employed the plaintiff as its agent in making sales at a commission of 20 and 5 per cent; that six sales had been made, the commissions amounting to $ 391.20; that the plaintiff had incurred $ 146.90 in expenses for which it was entitled to reimbursement, and had been paid $ 200, leaving a balance due of $ 338.10.
The answer alleged that the defendant had never authorized the contract pleaded by the plaintiff; that a salesman of the defendant had undertaken to make such a contract with the plaintiff (except that the commission was 20 per cent flat, on list prices), subject to the defendant's approval, but such approval had never been given or asked; that the plaintiff sold the six silos, and according to the terms of the contract that was being negotiated would have been entitled to commissions amounting to $ 355.80, except for the fact that the sales were made in each instance for less than the list price, the total difference amounting to $ 164, which reduced the commissions to $ 191.80; the two-hundred-dollar payment was admitted, and also an expense item of $ 131.90; a net indebtedness of $ 127.70 was acknowledged, for which the defendant offered to confess judgment.
The evidence was to the effect that a salesman of the defendant assuming to have authority for the purpose, made the...
To continue reading
Request your trial
-
German American State Bank v. Watson
... ... were unauthorized. Lumber Co. v. Silo Co., 92 Kan ... 368, 140 P. 867, ... note given to an insurance company to replace another, the ... court said: ... "It ... ...
-
Abmeyer v. The German-American State Bank and Theodore C. Mueller
... ... Company, with an office near where the bank was located ... National Bank, 57 Kan. 183, 45 P. 587; Lumber Co ... v. Silo Co., 92 Kan. 368, 140 P. 867; ... ...
-
Continental Ins. Co. v. Riggs
...the transaction as a whole, or not at all. He could not accept its benefits and repudiate its burdens. [Randolph] Lumber Company v. Silo Company, 92 Kan. 368, 140 P. 867 [Ann. Cas. 1915D, 30]. The policy was issued upon an application signed in his behalf, a copy of which (referred to in it......
-
Kennedy v. The Mennonite Mutual Fire Insurance Company of Kansas
... ... He could not ... accept its benefits and repudiate its burdens. (Lumber ... Co. v. Silo Co., 92 Kan. 368, 140 P. 867.) The policy ... was issued ... ...