61 Minn. 277 | Minn. | 1895
This action was brought to recover damages on the ground that defendant, assuming to be the agent of his mother, made a contract in her n'ame which was not binding upon •her by reason of the fact that it was unauthorized by her.
The ground and form of the professed agent’s liability in such cases has been the subject of discussion, but all the authorities are agreed that he is liable in damages to the person dealing with him upon the faith that he possessed the authority assumed. Sheffield v. Ladue, 16 Minn. 346, (388); Jefts v. York, 10 Cush. 392; Baltzen v. Nicolay, 53 N. Y. 467; Mechem, Ag. §§ 541-545. But in whatever phase the question- has arisen, or whatever diverse views the
Such, in substance, the trial court, by its fifth finding, has found to be the fact in this case; and that finding is, in our opinion, amply sustained by the evidence; and we find no errors of law occurring during the trial, by way of admitting or excluding evidence, that could in any way have affected this finding. This is decisive of the case, and it therefore becomes immaterial what, if any, errors were .committed bearing upon or affecting the sixth and seventh findings of fact which relate to other and independent grounds, upon which also the court held that defendant was not liable.
Order affirmed.
Buck, J., absent, took no part.