Wales-Riggs Plantations v. Dye

• Decision Date: 02 December 1912
• Parties: WALES-RIGGS PLANTATIONS v. DYE
• Court: Arkansas Supreme Court

151 S.W. 998

105 Ark. 446

WALES-RIGGS PLANTATIONS v. DYE

Supreme Court of Arkansas

December 2, 1912

Appeal from Cross Circuit Court; S. S. Simpson, Special Judge reversed.

Judgment reversed.

Charles E. Robinson, for appellant.

Testimony as to one's acts is not admissible to establish his agency, unless such acts are shown to have been authorized or accepted by the person sought to be charged as principal. 26 S.W. 383; 72 Ark. 64; 40 S.W. 506; 19 Am. St. Rep. 795; 10 Enc. of Ev. 22.

Since Mrs. Cross did not assume to be acting for appellant in buying the goods, appellee could not recover, even if he could show that appellant had confirmed the sale, unless he could show a consideration to support such confirmation. 55 Ark. 427; 66 Ark. 15.

S. M Wassell, for appellee.

Agency having been shown, is presumed to continue. Abbott, Trial Brief, § 24, p. 139 et seq.; 100 Ark. 240.

HART, J. SMITH, J., absent and not participating.

OPINION

HART, J.

Appellant commenced this suit in justice's court against appellee to recover upon two promissory notes. The appellee admitted liability on the notes, but filed a set-off, in which he claimed that appellant was due him an amount over and above that due by him upon the notes for goods and merchandise sold by him to Mrs. C. K. Cross for appellant. Appellee recovered judgment against appellant in the justice's court on his set-off, and the case was appealed to the circuit court. There appellee again recovered judgment, and the case is here on appeal. The facts are as follows:

C. W. Riggs testified: "I am president of the appellant corporation, and have been since its organization. The amount due appellant by appellee on the first note sued on was $5.25 on August 5, 1909, and on the second note, $50, was due on July 1, 1910. Both of these sums are due and unpaid. On November 18, 1909, appellant entered into a written agreement with Mrs. C. K. Cross, by which she became its agent in Cross County for certain specified purposes, which were set out in the contract. She had no power to make a contract for us, but could only talk over contemplated contracts and present them to us for our approval. She never had any authority to make any contract for us, and I never gave her any authority whatever to use our credit, and never agreed with her or any one else to pay her debts, except in one instance, when she was taken sick on the Love place, which she had rented from us. On that occasion we received a letter that she was sick and needed assistance. We wired back that we would pay any one for taking care of her during her sickness. We never knew that she bought goods from the appellee and had same charged to our account, and never gave her any authority to buy goods from appellee and charge them to us. Mrs. Cross never had any authority to collect money for our company except one time she was given authority to collect ten dollars on a horse sold. At another time she collected twenty-five dollars and gave the company's receipt therefor. This was done without authority, but owing to the distress she was in at the time we ratified her action."

I. R. Dye, appellee, testified: "The plaintiff company owes me $149.17 for supplies furnished to Mrs. C. K. Cross bought from February to June, 1909, from me at my store in Parkin. I charged the goods to C. W. Riggs by Mrs. C. K. Cross. The plaintiff company never told me to furnish her goods, nor promised to pay for any she got, but Mrs. Cross came there and took an oversight over the affairs of the company, making contracts, buying feed, selling stock and selling land, and I just supposed she had the right to charge things to them.

"When Captain Riggs was in my town, Parkin, 1907 or 1908, this Mrs Cross was with him and appeared to be treated as one of the family. He ran an account at my store which he finally paid by receipting one of this same series of notes, one of which is sued on. While he was there at that time, Mrs. Cross came to the store to get goods several times, sometimes with an order, sometimes without. The goods were furnished her just as they would be to the member of any other man's household, and they were charged to him. This is the reason when she came there again and wished to buy goods I sold them to her and charged them to C. W. Riggs by her. At the time Captain Riggs was in Parkin, when he ran a bill at my store, he was in the show business, and was in Parkin in winter quarters with his show. This account that I have filed as a counterclaim has never been paid and is past due. It amounts to $149.17. I never did send the company or Captain Riggs a statement of the account to let them know that the goods were being charged to him. After she had run quite a bill, she came and insisted on my taking her personal note for the goods bought, and I reluctantly took it. Later she gave me another note when she had...