103 Kan. 135 | Kan. | 1918
The opinion of the court was delivered by
The plaintiff commenced this action to recover on a promissory note. The defendant set up a counterclaim, apd recovered judgment for $76. The plaintiff appeals.
In 1913, the defendant purchased a silo from the plaintiff, and, in part payment thereof, gave the note sued on in this action. On January 31, 1914, the defendant wrote the plaintiff that there were men looking at the silo sold to the defendant, and said:
“I am writing .you to know what terms you could make and what commission you could pay, if I could draw up the contracts and sell 8 or 10 of these silos. I would try to get these contracts as early as possible, so please give me the best terms you can make and state whether or not you would let me give them the price, and terms of payment. I would want all this understood; also state whether or not you will send me catalogues and literature to distribute among prospective buyers.”
On February 6, 1914, the plaintiff replied to this letter as follows:
“Replying to your letter, will say that we have requested our Mr. J. P. Viers, who has charge of the sale of Columbian silos in the southern and central portions of Kansas, and is at present at Rosalia, Kansas, to call on you at his earliest convenience with a view of quoting you commissions for selling Columbian Silos in your immediate neighborhood. If you do not hear from Mr. Viers within a few days, please communicate with us again. We are sending you our new catalogue under separate cover.”
Viers visited the defendant in February, and contracted with him for the sale of silos in Butler county. By that contract the defendant was to receive, as commission, 20 percent on all sales of silos made by him without assistance, and 15 percent on all sales made by him in which he received assistance from the plaintiff or his agents. The plaintiff sent the defendant a catalogue and other printed advertising matter, and also sent ■forms of contracts to be signed by the purchasers of silos. Those contracts contained limitations on the authority of the agent making the sale. The plaintiff'also wrote the defendant
In May or June, 1915, after the defendant had performed the labor for which he claimed compensation, the plaintiff informed the defendant that Viers had no authority to make the contract; but, until the letters were received in which this information was given, the defendant did not have any knowledge that any limitation had been placed on the -authority of Viers as agent for the plaintiff.
The plaintiff also insists that the limitations contained in the contracts to be taken by the defendant and to be signed by the purchasers of silos constituted notice of the limitation on the authority of Viers. This conclusion cannot be properly drawn from anything contained in those contracts. The limitations therein contained were to be observed by the defendant in selling silos. Those limitations did not concern the authority of Viers in making the contract with the defendant.
The judgment is affirmed.