13 Minn. 82 | Minn. | 1868
By the Oourt The plaintiff and Mary Middleton, under the agreement offered in evidence — which appears not to be disputed — or her husband, Samuel Middleton, were owners, tenants in common, of the grain which is involved in this action; the defendant in his conduct in regard to this grain acted in the presence and under the direction of Mrs. Middleton, and as the agent of her husband,
If sold as the agent of her husband, there must be some evidence of the fact. In this case we discover no evidence of agency of the wife, but there is the positive evidence of the defendant.that Samuel Middleton, the husband,, on the eve of-his departure in March, 1864, gave defendant direction tó take charge of all his affairs in Ms absence, particularly to see to all the property on the farm, and that in June, 1864, he forbade Strong to purchase the crops. Mr. Middleton died in the IT. S. service in February, 1865. Ve think there is nothing in the case to authorize the jury in finding a valid sale of the Middleton interest in the crops. The plaintiff was, therefore, a tenant in common with Middleton, and it does not appear that the property has been actually converted or destroyed; -an action, therefore, will not lie against the defendant, who acted as the agent of the Middletons, and did