63 Iowa 340 | Iowa | 1884
The agency, with authority to purchase grain for defendants without restriction as to quantity or price, brought to the knowledge of plaintiffs, being established, the plaintiffs would not be required to prove that the agent intended the grain for his principals and shipped it to them, and did not make the purchase for himself; and if such were his intentions and acts, they would not affect the rights of the plaintiff in the absence of knowledge thereof. And, if the agent purchased the grain for defendants, the fact that he did not deliver it to them would not defeat plaintiff’s rights to recover against the princqials. This would be true if plaintiff had no knowledge for whom the grain was purchased,— whether for the principals or the agent individually. These rules ought to have been clearly expressed in instructions to the jury.
Affirmed.