26 Wis. 553 | Wis. | 1870
The questions, whether the teamster Mitchell had any authority to order the machine heads for the defendant, and whether the teamster Davey had any authority, at the time he paid for the defendant the $18 on the old account, to request the plaintiffs to “ let the account for the machine heads run,” were fairly submitted to the jury, in such a manner that they must have clearly understood that if they found either the original authority or the sub sequent ratification necessarily implied by such a request, then the plaintiffs ought to recover. They found for the defendant; and there was nothing in the evidence that would justify either this court or the court below in interfering with the verdict upon either of these points.
Certainly, no practice by the people of Dodgeville
The only question in the case about which we have any doubt is, whether the judgment ought not to be reversed for the instruction given by the court, that “ the evidence must show a mutual dealing between the parties in order that an account stated shall have the effect of being considered correct if not objected to in a reasonable time.” That is not a correct proposition, if by the words “ mutual dealing ” the court meant that there must be on each side some charges besides money. There seems to be no reason why the principle in question would not apply to a single bill of goods sent by the vendor to the purchaser, who should retain it without objection. But we have come to the conclusion that although this instruction was erroneous, the judgment ought not to be reversed on account of it, because, upon the undisputed evidence, the principle relied on by the plaintiffs, and which they claim this instruction deprived them of the benefit of, was inapplicable to the facts. The defendant and Davey both testified that when Davey attempted to deliver the machine heads to the defendant, the latter declined to receive them, saying that he had never ordered them, and only allowed them to be stored in his warehouse for the convenience
We discover no error in the rulings of the court - below, and the judgment must be affirmed.
By the Court. — Judgment affirmed.