274 Mass. 239 | Mass. | 1931
This is an action of contract to collect the first instalment of the purchase price of a piano, alleged to have been sold by the plaintiff to the defendant. There was a verdict for the plaintiff. A written instrument, dated November 5, 1929, was put in evidence purporting to be signed in behalf of the defendant by one Blanch C. Tanner, whereby the defendant ordered a piano and agreed to pay therefor “the sum of $3775.00 as follows — $500.00 December 23rd, 1929 and $500.00 each month until paid,” with interest at one half of one per cent per month, title to remain in the plaintiff until the purchase price was paid in full. The piano was delivered at the. defendant’s house on November 20, 1929. The only matter in controversy is the power of Blanch C. Tanner to bind the defendant by such an agreement. The defendant excepted to the denial of her. motion for a directed verdict, and to the exclusion of evidence offered by her and the admission of evidence offered by the plaintiff.
1. The motion for a directed verdict was denied rightly.
The evidence warranted a finding that the defendant represented to the plaintiff’s salesman that Blanch C. Tanner was authorized in her behalf to “make ... arrangements ” with him for a piano for the defendant’s house and the inference therefrom that Mrs. Tanner had actual, or at least apparent, authority to “ make ” such “ arrangements ” in behalf of the defendant. Even if Mrs. Tanner’s authority was apparent only, the defendant would be bound by the “ arrangements ” made by her. Taft v. Baker, 100 Mass. 68, 74. Malaguti v. Rosen, 262 Mass. 555, 563. The jury could have found that in the circumstances disclosed by the. evidence authority to “ make ” such “ arrangements ” with a piano salesman included authority to purchase a piano, using the “ usual and appropriate means to accomplish that result.” Sears v. Corr Manuf. Co. 242 Mass. 395, 400. See Sprague v. Gillett, 9 Met. 91, 92. They could have found, also, that a- contract for the purchase of. a piano on the credit of the defendant was a “ usual and appropriate means ” of making such purchase, even though in this case, unlike Sprague v. Gillett, supra (see also Taft v. Baker, 100 Mass.
2. The plaintiff’s salesman, testifying as a witness for the plaintiff, subject to the defendant’s exception, was asked, “ Were you relying upon the credit of Mrs. Miller or Mrs. Tanner in selling this piano? ” and answered, “ Mrs. Miller.” This testimony was admitted rightly. It was material on the question whether Mrs. Tanner had apparent authority to act for the defendant. If the jury found that Mrs. Tanner had no authority in fact, the defendant would be bound by her representation that Mrs. Tanner had authority only if this representation was relied on by the plaintiff. Bickford v. Menier, 107 N. Y. 490. Mechem on Agency, (2d ed.) §§ 722-724. Testimony as to such reliance, though an undisclosed mental state, was admissible. Crawford v. Moran, 168 Mass. 446, 449. Blaney v. Rogers, 174 Mass. 277. Anastas v. Koliopoulos, 222 Mass. 267, 270. Bradley v. Meltzer, 245 Mass. 41, is distinguishable since the reliance there sought to be proved was not material on any issue in the case. ' The fact that here reliance could have been inferred from the conduct of the parties does not make direct evidence thereof inadmissible.
3. The defendant offered to prove that a witness called by her would testify that later in the day on which the plaintiff’s salesman talked with the defendant the witness heard a conversation, - between the defendant and Mrs. Tanner — the salesman not being present — in which the defendant said, “You can’t buy any piano and bring
Exceptions sustained.