Lake Shore Cattle Co. v. Modoc Land & Livestock Co.

Sale of Cattle to Superintendent of Corporation—Action Against Corporation—Support of Verdict—Conflicting Evidence.—In an action against a corporation, whose business it was to purchase cattle, and which transacted all of its business in the county through its superintendent, to recover the purchase price of cattle sold, where the evidence was conflicting as to whether the purchase was made by the superintendent as actual or ostensible agent for the corporation, or for himself individually, a verdict against the corporation will not be disturbed upon appeal.

Id.—Individual Note of Superintendent.—The fact that the superintendent who purchased the cattle from plaintiff gave his individual note to the plaintiff for the balance of the purchase price is merely a circumstance in favor of the corporation defendant, but is not conclusive of the issue whether the corporation defendant made the purchase.

Id.—Instruction as to Allowance of Interest—Construction of Verdict—Clerical Error—Judgment.—Where the court instructed the jury that if they should find for the plaintiff they should add interest from the time the amount found became due to the date of the verdict, a verdict allowing interest on the amount found due, “at .07 per cent per annum,” from a specified date until the date of the verdict, is to be construed as an intended compliance with the instructions of the court. The expression “.07” is to be regarded as clearly a clerical error; and judgment was properly entered for the amount found due, with interest at seven per cent per annum.

Id.—Evidence of Similar Purchases by Superintendent.—Evidence is admissible to show that the superintendent of the corporation defendant had made similar purchases of cattle from other persons for the corporation in his own name.

Id,—Proof of Agency—Declarations—Testimony of Superintendent.— The superintendent of the defendant corporation may testify to his agency and to purchases of cattle made by him for the corporation and reported to it; and such testimony is not subject to the objection that the agency of the superintendent cannot be proved by his declarations.

Id.—Books of Superintendent—Reports of Accounts.—The books of account between the superintendent and the corporation, in so far as included in reports made by him to the corporation, whether strictly admissible or not, are harmless, and where other entries not reported are of slight importance, there is no prejudicial error in their admission in evidence.