193 P. 1112 | Mont. | 1920
Lead Opinion
delivered the opinion of the court.
This is an action to recover for merchandise alleged to have been sold and delivered to the defendant.
The plaintiff testified that on the morning of December 6,
The plaintiff, relying upon the statement of Tarada, delivered to Goto goods of the value for which this suit is brought. On December 25, obeying the directions .of Tarada, plaintiff mailed to defendant at Livingston, “in care of H. Tarada, account Oriental Trading- Co.,” a bill therefor. A period of several weeks having elapsed and no reply thereto having been received, the plaintiff, through a Helena bank, drew a draft directed to “H. Tarada, account Oriental Trading Co., Livingston, Montana,” for the amount of the bill, which draft was later returned to the bank unpaid.
The authority of Tarada to speak for the defendant, and to fix liability upon it for the goods sold and delivered to Goto, is the vital question upon which this appeal must be determined. There is no dispute concerning the sale and delivery of the goods. The president of the defendant company was
In view of all the evidence in-the record, and the inferences properly to be drawn from it, including the failure of the defendant to disclaim the authority exercised by Tarada, the court had a right to determine that the defendant had authorized Tarada to make his assurance its own. The apparent-authority of an agent'to act as the representative of his prin
From a careful review of all the evidence, we are convinced that the trial court correctly estimated the credibility of the witnesses, the weight to be given to their testimony, and the authority actually delegated to Tarada. We have carefully considered all the other questions of law urged in the brief of counsel, and find no merit in any of them.
Our conclusion is that the substantive evidence in the record Is amply sufficient to uphold the judgment and the order denying defendant a new trial. They are therefore affirmed.
Affirmed.
Dissenting Opinion
I dissent for the reason that I do not think there is sufficient proof of agency.
Rehearing denied December 18, 1920.