133 P. 130 | Utah | 1913
This is an action to recover the value of alfalfa seed alleged to have been sold and' delivered to the defendants. The ease was tried to the court and a jury. The plaintiffs had judgment, from which the defendant Smith has appealed.
It is conceded that the seed was not sold directly to Smith and that his liability is wholly dependent upon proof of agency between him and the defendant'Andrew; the plaintiffs contending in this respect that Andrew was the agent of Smith, and' as such purchased the seed for him. The assignments in such particulars present questions of the sufficiency of the evidence, the admission of testimony over Smith’s objections, and the charge.
The evidence shows Smith was in the employ of the W. O. K. Elevator Company at Smithfield, Cache County, and was one of its purchasing agents in buying farm products, including alfalfa seed. The company there maintained a storage plant for seed and a storage warehouse. About three weeks before the time in question Andrew approached Smith at the warehouse and told him that they (Smith and the company) were paying too much for alfalfa seed and' that he believed “he could make some money buying seed and selling it to you fellows.” Smith told him, “All right, just so that the seed equals the condition that we are buying right here every day, we will take all there is left in Cache Val
The judgment of the court below as to the defendant Smith is reversed, and the cause as to him remanded for a new trial. Costs to the appellant.