63 P. 117 | Or. | 1900
after stating the facts, delivered the opinion of the court.
It is contended by defendant’s counsel that the testimony was insufficient to establish Adams’ authority to execute, as defendant’s agent, the covenant to furnish water, and hence the court erred in admitting the lease in evidence over their objection and exception. The testimony shows that the defendant owns a section of land in said county, incapable of producing grain without irrigation; that in the spring of
The bill of exceptions shows that in 1898 Adams, as defendant’s agent, leased land to other tenants, with whom he covenanted that his principal would furnish water for irrigation. The testimony does not show, however, that these leases were entered into before plaintiff’s, so that it might have been inferred from the execution of the power that Adams had authority to. covenant upon behalf of his principal to furnish water to his tenants for irrigation; but, inasmuch as it appeal's that the defendant had no. knowledge of the execution of these covenants until July or August of that year, the testimony, in our judgment, was insufficient to show that Adams had been held out to the public as possessing sufficient power to. execute a covenant to furnish water for such purpose. In the absence of any proof of the principal’s habit of ratifying the unauthorized acts of his agent, no reason exists upon which to predicate a rule that the principal should be bound by such unauthorized act because his agent, without his knowledge, exceeded his power in more than one instance.
It is álsoi claimed that the court erred in overruling the demurrer because the complaint fails to allege that any demand was made upon the defendant to furnish water for irrigation. The point contended for, however, is without merit; for it is averred in the complaint “that the defendant