Young Men's Christian Ass'n v. Schow Bros.
| Decision Date | 06 December 1913 |
| Parties | YOUNG MEN'S CHRISTIAN ASS'N OF DALLAS v. SCHOW BROS. |
| Court | Texas Court of Appeals |
Appeal from Bosque County Court; P. S. Hale, Judge.
Action by Schow Bros. against the Young Men's Christian Association of Dallas. Judgment for plaintiffs, and defendant appeals. Reversed and remanded.
J. L. Goggans, of Dallas, for appellant. James M. Robertson, of Meridian, for appellees.
In a suit by Schow Bros. against the Young Men's Christian Association of Dallas, a private corporation, plaintiffs recovered a judgment, from which the defendant has appealed.
The suit originated in the justice court later appealed to the county court, and was upon a verified account for merchandise charged to the defendant. The merchandise shown in the account consisted of groceries furnished by plaintiffs for the use of the members of the defendant association during their encampment near the town of Clifton, in Bosque county. The evidence is sufficient to show that at the request of the defendant's secretary plaintiffs furnished a price list of the goods, in reply to plaintiffs' letter to the defendant soliciting the account for such supplies. The evidence further shows that later A. A. Allen called up plaintiffs over the telephone and ordered the goods for and on behalf of the defendant, stating, in effect, that he was authorized by the defendant so to do. The goods were furnished in obedience to this request. The evidence further shows that defendant entered into a written contract with Allen, whereby the latter contracted and agreed to board the boys during the encampment and to furnish all supplies necessary therefor, for a fixed sum. But this contract was not known to the plaintiffs at the time the goods were furnished for which a recovery was allowed. Whether or not Allen was defendant's agent, authorized by it to purchase the goods upon defendant's account, was an issue sharply controverted by the defendant, and properly submitted in the court's charge.
The court further instructed the jury, in effect, that the defendant would be bound by the acts of Allen in the purchase of the goods, if, by acts or words, or both, they led plaintiffs to believe that Allen was their agent, with authority to make such purchases for the defendant, and that such acts or words of the defendant were reasonably calculated to induce the plaintiffs to so believe, and that, acting upon such belief, they were induced to sell the goods upon the credit of the defendant. One of the grounds upon which the instruction last noted is assailed is...
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