The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-07-03
WEAVER HAD AUTHORITY
An Interesting Decision by
Judge Van Dyke.
He ExpOunds Some Commercial Law
With Much Clearness.
The Attempt to Go Back on n Contract
by Rspudisting tho Agent
Discussed by tho
Court.

al. We. s. Gordon ct al, it being in favor
OF the plaintiffs.
Some interesting points relative to the
authority of agents were discussed by
the court, in the course OF an opinion
filed in the case.
Business men are quite generally in
terested in the points raised in the case,
and the opinion is given in full, as fol-
| lows:
1.-The main contest in this case is as
to whether Warren Weaver. who signed
the contract on behalf OF Gordon Bros,
had authority to bind the firm or
s. Gordon, successor to Gordon Bros.
Witness Price testified that in the
summer of 1892 he had dealings with
Gordon Bros. on his own behalf and
also as advertising solicitor for the
plaintiff. and that Weaver was per-
eonally III charge OF and conducting the
business of Gordon Bros. at their branch
store in Los Angeles as manager during
the summer Of 1892; that he did not see
either of the Gordons around the place
OF business in Los Angeles and that he
was shown by Weaver letter written
by Gordon Bros. in San Francisco to
to insert, and that it was in
pursuance of this letter that Weaver
executed the contract set out in the
complaint for advertising in the HERALD.
1.-The same witness further testified
that Warren Weaver advertised the irm
OF Gordon Bros, extensively in all the
newspapers OF Los Angeles, covering
period of several months, and in all
euch ads his name appeared as manager
and that he held himself out to the
business community as manager OF Cor
don Bros. OF Los Angeles. Advertise
ments were shown in evidence accord
ingly. The same witness testified that
he had never heard Weaver's authority
questioned as manager for Gordon Bros.
during the summer and fall Of 1892, and
while Weaver was employed in the
store at Los Angeles, until after this
suit was commenced. Witness Peabody,
business manager OF the HERALD, cor
roborated the witness Price and also
stated that marked copies of the edition
OF the HERALD with come of the adver-
tisements inserted were mailed to Cor
don Bros, San Francisco.
II. f. Truitt. solicitor for the Evening
Express, testified that during the sum-
mer OF 1892 he bad transactions with
Warren Weaver and that the latter was
in charge and control of the branch
store Of Gordon Bros. in Los Angeles
and held himself out to the business
world and advertised himself in the
papers as manager for Gordon Bros. He
made contracts with Weaver as repre-
sentative of Gordon Bros. for advertise
ing, and advertisements aeve been psio
for by Gordon Bros., and that ne mailed !
tko tofx
ing the advertisements to the head Of |
flee of Gordon Bros. in San Francisco !
that he was often in the store Of Gordon,
Bros in this city, and that Weaver ap-
peared to be in charge of the place. re-
ceived money and transacted other
business Usual for one in charge OF such
an establishment.
S. Il. Henderson, on behalf OF the
Los Angeles Times, testified that he
transacted business with Weaver in
the branch store OF Gordon Bros.
at Los Angeles and that Weaver
was in charge of the same during the
summer OF 1892 and held himself out as
manager and advertised himself as such,
and entered into contracts through him
for with the Times for advertising the
business Of Gordon Bros. William Phil
lips, the Los Angeles manager OF NicOil
tailor, Nj. L. McNesly, manager of the
the Los Anae lea house OF Gabel the tailor,
and j. L. Henderson, manager OF the
Los Angeles branch OF Poneim, all testi-
fed that they were personally acquaint-
cd with Weaver, and that he REPRESENT
ed himself TO them and was generally
known throughout their line OF business
rs the local manager in Los Angeles OF
Gordon Bros. San Francisco tailors,
during the time he was in the city. Mr.
Henderson testified that Weaver came
across the street to the Poheim estab-
lishment and introduced himself as
manager for Gordon Bros, and desired
to get from the witness certain goods for
use In the store OF Gordon Bros. that
they had not in stock. These witnesses
also testified that they never heard
Weaver's authority questioned as being
manager of the Los Angeles branch of
Gordon Bros.
On the part of the defendants it was
in testimony that Sol Gordon was the
sole proprietor OF the business conducted
under the name of Gordon Bros, and s.
Gordon, successor Ct the Gordon Bros,
and that Weaver was not the manager
OF the Los Angeles house, that he was
simply employed as salesman and that
no MAJ no mOI6 dutIOTlby IudD Otust
employees and statesmen. 1t 10 quite
PLAN, however, that in whatever
capacity he was employed he was in
charge OF the branch Office in
Los Angeles for a considerable por-
ton OF the time, including tho period in
question, and until he was relieved after
the contract in suit. And the agents or
managers of the other tailoring houses
testified that they had authority to ad-
vertise and to contract for advertising
in the manner that Weaver assumed to
do.
An agency is actual or ostensihle. 1t
ia actual when the agent is really en-
p.oyed by the principal, and osteneibie
when the principal intentionally or by
want of ordinary care canoes third per-
son to believe another TO be his agent
who is not really employed by him.
&C. C. 229S 2299 -2300.) An agent has
authority to co everything necessary or
proper and usual in the ordinary course