183 N.W. 128 | S.D. | 1921
Plaintiffs sue to recover the selling price of a piano and certain printed .matter alleged to have 'been sold to defendant. The cause is before us upon an appeal from a judgment for defendant. The sole question for our consideration is whether the findings of fact support the trial court’s conclusion that the person who purchased the goods was not vested with authority to bind defendant by' such purchase..
It appears that defendant was engaged in the retail drug business at Geddes, S. D.; that, at the time of the transaction in question, he Was absent from South Dakota; and that his drug business was in the charge óf and conducted by a person fully clothed with the powers of a general agent with power, as such, to carry on such business, but with no special authority to enter into this particular .transaction. This agent, purporting to act in the name of his principal, entered into -a written contract wherein he purchased the piano and a lot of printed .matter appropriate to be used in what is termed a voting contest. Under the contract, this piano was to be used with the printed matter in such voting contest — undoubtedly it was the prize to be given to the winning contestant. In consideration of the purchase of such piano and printed matter and of the purchaser’s agreement to carry on such voting contest in accordance with the plans outlined by plaintiffs, plaintiffs virtually guaranteed a certain increase of defendant’s business as the result of such voting contest.
The judgment appealed from is affilrmed.