St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-16
THE APPELLATE COURT.

Yesterdays Decisions That Must
Stand as Law.
American Graphic Company, respondent
vs. Minneapolis, St. Paul d st. Ste Marie
Railway Company, appellant. Order
affirmed. COLLINS, j.
Defendant, by its general manager,
contracted with plaintiff for the pub BIZ
cation in its paper of certain matters by
a given date, the matter to be furnished
and the details of the publication to be
looked after by defendants passenger
agent. The agent failed to furnish the
matter until after the date named in
the contract for its publication. As
soon as the matter was furnished
plaintiff published it in accordance with
the contract, except as to time. Held,
that the plaintiff had right to
assume that the delay of the
agent was authorized by defendant.
On trial testimony was adduced to show
the terms of contract were altered by
mutual consent, and the passenger
agent of the defendant railway COM
pany; and also that after plaintiffs had
made an eight days trip over the de-
fendant's line, gathering information,
the sole reason why the matter bar
gained for was not published by July
Is as stipulated was because the paSSen-
ger agent delayed to furnish certain
necessary material as previously agreed.
The publication took place as soon after
as the matter could be prepared. 1t
the agent delayed to furnish the infor
nation in time. the plaintiff was fully
justified in fulfilling its part OF the con-
tract, and if the defendant did not ex-
pressly authorize him to delay the same
the plaintiff was warranted in believing,
under the circumstances, that the agent
was clothed with authority to do as he
did. In either case the verdict is suS-
tanned by the evidence. These views
necessarily dispose of the many assign
mentS of error made by appellant.
Lucy E. Bowe, respondent, VS.. John A. Hy-
land ct al, appellants. COLLINS. D.
Upon an examination of the testimony
in this action, which was brought to re-
cover the value of certain oats, alleged
to have been unlawfully converted by
defendants, it is held that whether B.
was the tenant by implication of the
plaintiff, who owned the farm on which
the oats were raised, was question for
the jury to pass upon. Evidence OF
custom OF usage cannot be received to
establish the making or existence of a
contract. 1t can only have an applica-
ton to contract previously existing.
Joseph Wolf, respondent, VS.. William label
ct al, appellants. Judgment reversed.
COLLINS, j.
The rules laid down by this court, in
Morrison vs. March, MINI. (Gil.) 1923;
Croft vs. Ramsey, 10 w. "a, and Will
kins VS.. Bevier, As N w. Rep. 157, as
to the effect actual possession of land
by person other than the vendor has
upon purchaser applied to the adj
mitted facts in this case.
Beverly T. Crump ct al, respondents, vs..
Henry G.. Ingersoll ct al, appellants. Order
affirmed. COLLINS, j.
An agent cannot be allowed to place
himself in position where duty and
interest. conflict, or be permitted to
make profit out of his agency. In an
equitable action brought to cancel a
contract by which three persons. A and
Bias co-partnerS, and one &, became
agents for several other persons in the
purchase and management of real prop
erty, and to recover stated sum of
money, which it was claimed had been
made and kept by the co-partners in
buying the property for less than the
amount represented by them to the
principals as the purchase price, the
facts being unknown to c, held. that
c was proper party plaintiff to the
action.
The following cases were argued and
submitted in the supreme court yester-
day: Union Bank of Minneapolis, APP
peIlant, VS.. Otis A. Pray, respondent.
Submitted on briefs.
st. Paul Trust Company, as executor,
ETC.. respondent, VS.. William G. Sar-
gent, appellant. Case continued.
Frank j. Lime ct al, respondents,
VS.. James c. Stout ct AL, appellants.
Submitted on briefs.