Swinnerton v. Argonaut Land & Development Co.

Searls, C. Action to recover by the plaintiffs, as co-partners, from the corporation defendant and certain others, the sum of five hundred and seventy-five dollars for services rendered by plaintiffs in the year 1892, with interest thereon from January, 1893.

The cause was tried by the court without a jury. A nonsuit was granted as to all the defendants except the corporation, against which judgment was entered for five hundred dollars and legal interest from January 1, 1893, amounting to five hundred and seventy-seven dollars and eighty-three cents.

Defendant appeals from the judgment and from an order denying its motion for a new trial.

The corporation defendant was the owner of a tract of land .situate near Stockton in the county of San Joaquin.

On the twelfth day of September, 1888, the defendant entered into a written contract with George H. Fair-brother, by the terms of which the latter was employed by the former for a term of one year, to locate himself at Stockton and act as the agent of the former in and about the land and business of the corporation, to negotiate leases of the land, collect rents, and generally to transact all its business in relation to said land and such other land as might be purchased in the vicinity.

The agreement of agency provided that the agent should not bind the corporation (which was located at [378]San. Jose) to pay any money or assume any responsibility,'unless such acts were ratified by the company.

Fairbrother located in Stockton, took charge of the land, leased it to sundry parties, built levees, did dredging, constructed a wharf, and managed the property generally during the term of one year. He incurred obligations and contracted debts, all of which were met and paid by the company, so far as appears, without objection.

In October, 1889, the corporation, by a resolution duly passed, declared the agency of Fairbrother vacant upon the expiration of the year. Fie continued, however, as before, to manage and attend to the property, and, up to 1892, seems to have made leases, collected rents, etc.

His general management and agency was known to plaintiffs, who knew nothing of the terms and conditions of the agency, or of its termination by act of the company.