The Northwestern Reporter Volume 178

The Northwestern Reporter Volume 178

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...at Waterloo, testified that McClelland, as dealer, looks after a tractor which is claimed after sale to be defective, and that parts to replace those found to be defective are shipped to him without waiting the return of the defective parts, and that it was his duty to look after the tractors In his territory during the year. But the only testimony as to warranty was that the "warranty as to parts is against defective material and workmanship for within one year from the sale of the tractor. If a part breaks because of defective material or workmanship, we furnish a new part, on board cars at factory free, without charge, to replace the old part, on condition that the old part is returned to the factory and found to be defective." The company performed Its obligation in furnishing the parts, and what else he did was as dealer. Both McClelland and Johnson deny that McClelland was employed In any manner by the company, and this was not denied. Some evidence that McClelland had declared himself an agent of the company was adduced, but nothing is better settled than that agency may not be proven against another than the declarant by the declarations of an alleged agent. The agent upon whom service may be made must be the agent in fact, having representation and derivative authority. Wold v. Colt Co., 102 Minn. 386, 114 N. W. 243. To constitute one person the agent of another, the former must have been authorized by the latter to act in some respect for him, and, as McClelland was not so authorized, he was not agent of the Waterloo Gasoline Engine Company, and service of the original notice on him as agent of said company gave the court no jurisdiction over it. 4 III. Default was entered against the John Deere Plow Company on service...show more

Product details

  • Paperback | 976 pages
  • 189 x 246 x 49mm | 1,706g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236874587
  • 9781236874580