114 Wis. 85 | Wis. | 1902
There is abundant evidence to sustain what we must assume the jury decided, as to Burrows being the general agent of appellant in charge of constructing the mill. As such agent he had authority to bind his principal respect to all the usual means of carrying out the work under his charge. To that extent he possessed the same authority as his principal. Roche v. Pennington, 90 Wis. 107, 62 N. W. 946. The learned circuit court, by the charge to the jury, decided that the making of such a contract as that testified to by respondent, a contract to work through the entire time of installing the mill, was within the general scope of a superintending agent’s authority as a matter of law, and that evidence that the custom in doing such work was not to make such contracts had no bearing on the question of the agent’s authority. That is clearly erroneous. It is by no means clear that, as a matter of law, the foreman in charge of constructing a mill possesses, by implication, authority to employ laborers upon the work, binding his principal to give them employment till the completion thereof. We are in-
By the Court. — The judgment is reversed, and the cause remanded for a new trial.