93 Ala. 82 | Ala. | 1890
— It is admitted that defendants were indebted, October 29, 1889, to plaintiffs in the sum of $178.95, by account for goods sold and delivered; and that on that •day they paid Tatum, plaintiff’s travelling salesman, $145, for which he gave a receipt, reading as follows : “Received from •J. B. Mount & Co. $145.00, on said indebtedness of Henry P. Scales & Go., October 29, 1889.” The disputed question of fact was, whether this sum was paid by defendants, and accepted by Tatum, in full satisfaction and discharge of the entire demand. Parol evidence was introduced by both parties to show the understanding and agreement when the money was paid and the receipt given, without objection by either party. No question, therefore, arises as to its admissibility. In regard to the authority of Tatum to compromise and release the debt by taking > a less sum, the bill of exceptions states, “the testimony tended to show that Tatum had authority to settle and collect the debt.” The court substantially instructed the jury, that authority to settle and collect the debt was authority to take and accept a sum less than the full amount of the indebtedness, in compromise and satisfaction thereof.
As a general rule, the authority of an agent will not be extended bejmnd that which is given in terms, or is necessary and proper to carry the authority, given into full effect. An agent with general authority to collect, is not authorized to compromise a claim, or' release the debtor, except upon payment of the full amount. — Hale Safe & Lock Co. v. Harwell, 88 Ala. 441. Such authority will not be implied from the conjunctive use of the terms, to settle and collect. The latter word qualifies, and limits the scope and meaning of the former, restricting it to its ordinary signification to adjust any matter that is or may be in dispute — authority to make a settlement,
Reversed and remanded.
