146 Iowa 492 | Iowa | 1910
Plaintiff is the owner of a tract of agricultural land in Cerro Gordo County and defendant is a copartnership engaged in the work of digging and constructing ditches. In the spring of the year 1908, they had contracts with owners of land .in the vicinity of that
Contention is made in argument that the testimony shows that R. S. Young as agent for his wife had charge of her lands, had looked after the leasing, the tiling and improvement thereof, and that he had authority either real or apparent to make the contract involved in this controversy. The jury evidently so thought. Plaintiff contends, however, that defendants dealt with R. S. Young alone; that the said Young contracted on his own behalf and not as agent for plaintiff; and that, if he did assume to act for her, he had no authority whatever to do so-. Many errors are assigned, and to such as are deemed important and controlling we shall now give our attention.
(8) E. S. Young was the plaintiff’s agent for some purposes concerning the farm in question. On the question of an agent’s authority to act for his principal, the general rule is that the principal is bound if he has actually authorized the act, or if he has authorized those with whom the agent dealt in his behalf to believe as fair and reasonable men that the authority had actually been given. The ratification of the act has in general the same effect as a previous authority. The principal is bound not only by acts of his agent within the express limit of his instructions, but is also bound to the extent of the apparent authority conferred upon such agent. This rule is applicable even against private instructions limiting the agent’s powers, where such limitations are not brought to the notice of the parties with whom the agent deals. In this case, if you believe from the evidence that plaintiff had permitted E. S. Young to act as her agent in respect to the farm in question, and that he had acted in farm matters for so long a time and in reference to so many different matters that the right to contract for making the ditcli in question was within the apparent authority conferred by the plaintiff upon E. S. Young, and that the defendants, acting as fair and reasonable men, had reason to believe, and did believe, that E. S. Young was authorized by plaintiff to contract for her and in her behalf in the matter of ditching the farm, then you would have the right to find from the evidence that E. S. Young was authorized to contract with the defendants in reference to making and paying for the ditch in question, and to bind the plaintiff in such matters; otherwise plaintiff would not be bound by the acts or agreements of E. S. Young.
IV. Some errors were made by the trial court in rulings on the admission and rejection of testimony. Nor example, some impeaching evidence should have been al- ' lowed which was denied. Again, a witness was permitted to give the contents • of a letter without sufficiently accounting for the original. Other errors will not likely