148 Minn. 252 | Minn. | 1921
Defendant contends that there is no evidence that Yoelker entered into the contract testified to by Bundy or that he was authorized to make any such contract. There is evidence on both propositions. Plaintiff testified that the contract was made. It is fairly inferable from the testimony of Yoelker that he had authority to make it.
Bearing these principles in mind, we think it clear that the third car of cabbage was appropriated to the contract. The agreement was to “get and load” cabbage into stock cars on track. The third car was loaded, weighed and the weight tickets delivered to defendant’s agent. This fulfilled plaintiff’s contract. He had handled the other cars in this manner and defendant had in each case taken charge' of them when loaded and weighed. There was an appropriation by plaintiff with the •assent of defendant.
Order affirmed.
Reported in 181 N. W. 345.