46 P. 445 | Idaho | 1896
Lead Opinion
(After Stating the Facts) . — The witnesses, being assignors of the claims upon which suit is brought, testified that one G. V. Hamilton, who claimed to be the agent of Bourke, the defendant, came upon the ground where the wheat was grown, on the Indian reservation in Latah county, Idaho, and employed them to work in the harvesting and threshing of the wheat raised by Bergevin Brothers & Martin, and upon which the defendant held a mortgage. As evidence of hio right to
'‘To Whom Handed: This is to certify that I have this day appointed the bearer, George V. Hamilton, my agent for the purpose of looking after and handling, and taking such action as he may deem best and proper in the matter of the Bergevin Brothers & Martin crop of wheat, on the Nez Perces Indian reservation, near Genesee, Idaho, on which said crop I have a mortgage. Any arrangements or contracts entered into by him in connection therewith will be protected and enforced by me. He has full power and- authority to make any arrangements or contracts he may deem best in the premises.
“September 6, 1895.
(Signed) “T. F. ROURKE,
“Pendleton, Oregon.”
A copy of this letter was produced by Hamilton, and put in evidence in this case. It will be seen that this letter gives Hamilton full power to act for defendant in the premises, and in it Rourke agrees to protect and enforce any and all arrangements and contracts entered into by Hamilton, for defendant, in the matter of harvesting and securing the said crop of wheat. The evidence shows that, before the appearance of Hamilton, •one Jackson, who had taken the contract for harvesting the wheat from Bergevin Brothers & Martin, had ceased the work of harvesting, for the reason that Bergevin Brothers & Martin could no longer furnish the means to pay for the harvesting and threshing of the grain. The men, being fearful of losing the pay for their work, had quit also. Upon the arrival of Hamilton, he shows this letter of attorney from Rourke to the men who had been engaged in the harvesting of the crop, and to others whom he wished to engage to assist in the work, and represented to these men that he had full power to act for Rourke in the harvesting of the grain; that thereafter there would be no trouble about the money for paying the men foi their work. Upon these representations of Hamilton being made to these men, and to parties whom he desired to employ to go upon the ground and thresh the wheat, work was again commenced. The men testified that Hamilton, in person, em
The appellant relies specialty upon the following assignment •of errors: “The court erred in giving to the jury the following instruction: ‘You are further instructed that while one person ■cannot make another his debtor, without the consent of the latter, or recover for services rendered for another without a request, express or implied, yet if one stands by, and sees another ■doing work for him, beneficial in its nature, and overlooks it as it progresses, and does not interfere to prevent or forbid it, but ■appropriates such labor to his own use, then, in the absence of a special contract, a request will be implied, and the person for whom the work has been done will be liable to pay for the work what the same was reasonably worth, unless it expressly appears from the evidence that it was done as a gift or gratuity. And 3'ou are further instructed that when one person labors for another, with his knowledge and consent, and the latter voluntarily takes the benefit of such labor, then the law will presume ■that the laborer is to be paid for his labor, unless the contrary is shown by the evidence; and if no special contract is proved, fixing the price, then the laborer is entitled to have what his •services were reasonably worth’ — first, because it is not applicable to the liability of a crop mortgagee for labor performed in heading or threshing the crop; second, because the complaint in this case is not based upon implied contracts, but upon express ones.” The second objection will be considered first, as the •consideration of that would appear to settle both.
Rehearing
ON PETITION FOE REHEARING.
The reasons therefor, as given in this petition, are answered in their order.
First, the evidence in the case was so strong, and preponderating to such an extent, that it would have been the duty of the court to set aside the verdict and grant a new trial, had the verdict been for the defendant. The statement that Bourke’s only connection with the account was to guarantee the payment of the Vollmer account is erroneous, as Bourke’s letter of instructions to Hamilton is substantially as follows: “I have appointed George V. Hamilton my agent for the purpose of looking after and handling, and taking such action as he may deem best and proper in the matter of Bergevin Brothers & Martin crop of wheat, .... on which said crop I have a mortgage. Any arrangements or contracts entered into by him in connection therewith will be protected and enforced by me. He has full power and authority .... to make any arrangements or contracts he may deem best in the premises. [Signed] T. F. Bourke.” This letter shows conclusively that the agent had full power in the premises for all purposes. It is immaterial whether this power of attorney or letter was shown to the workmen or not. He had it, and the workmen contracted with him. This is sufficient to fix his responsibility. The statement of appellant’s witness that the letter was given him only to settle bills at Vollmer’s, and arrange for more credit for Bergevin Brothers & Martin, is shown to be untrue by the letter itself. There appears to be no reason for granting a rehearing in above cause. Petition denied.