8 S.D. 181 | S.D. | 1896
This is an action to recover the balance due on merchandise alleged to have been sold by plaintiff to the defendant. Answer, general denial. Verdict and judgment for plaintiff, and the defendant appeals.
The facts may be briefly stated as follows: The plaintiff was employed in the millinery department of the defendant’s business, and had charge of the same. At the time plaintiff entered into the employment of defendant, she had millinery goods of the invoice value of $337.80, which she proposed to ■
The sixth assignment is that the court erred in permitting the plaintiff to read from the invoice a list of the articles she delivered. She had stated that she had placed in the stock of defendant all the goods described in the invoice, which she made herself at the time she closed out business in St. Paul,
The seventh assignment is that the court erred in refusing to give the following instruction on the request of the defendant: “You are instructed that if you find the plaintiff furnished and delivered to the defendant, and received by her at the store, the goods claimed by her to have been sold to him and that she was at the time in the defendant’s employ, but that the defendant did not expressly authorize her to charge the goods to defendant, your verdict must be for the defendant. ” If, as claimed by the plaintiff, the defendent agreed to take the goods if he could use them, or such as he could use, as they were needed, and the plaintiff placed them in the stock 'from time to time as they were needed, and they were sold, and the proceeds received by the defendant, it was not necessary that there should bean express authority to charge the goods to the defendant. And if, as testified to by the plaintiff, she delivered the goods, and used them in the course of defendant’s business, with his knowledge and consent, the law would raise an implied promise to pay for them, without an express authority to charge the goods to him. In either view, the instruction did not correctly state the law, and was therefore properly refused.
The two following instructions given by the court were excepted to: “I say to you, as a matter of law, in order for the plaintiff to recover in this case, it will be necessary for her to prove * * *, or that she took them [the goods] and put them in the stock with his [defendant’s] knowledge, and without objection on his part.” “If she has established these facts by a preponderance of the evidence in this case, you shall find for the plaintiff, and give her a verdict for all that the goods were reasonably worth.” The principal objection to these in
In that case the agent fraudulently transferred to the principal his own stock, representing to him that he had purchased it for him from another party, and also represented to his principal that the stock was very valuable, and that he would not sell his own stock for the price he was getting the stock for his principal. In that action, which was brought by the principal to rescind the sale, the court of appeals of New York says: “The plaintiff was induced to purchase, at an extravagant premium, stock of the value of which he was ignorant, on the