Evening capital news. (Boise, Idaho) 1901-1927, 1916-10-11
NON-SU|T IN CASE
/. FROM NORTH IDAHO
Supreme Court Affirms Ac-
ton of District Court of
Eighth District.

In an action brought by r. A Black
well against r. f. Kercheval public
administrators and as such administra-
tor of the estate of Wilson Kistler,
deceased, to recover $29,54S together
with interest on $24,4S0, the supreme
court in a decision handed down to-
day affirms the judgment of dismis
sal entered upon a motion for nom
suit in the Eighth judicial district
court, Judge John M. Flynn presid-
ing. The decision was written by JUS
tice Bulge.
Wilson Kistler was a resident Of
Lock Haven, Pa, and was stock
holder in the Spokane & Inland En-
pire Railway company, which was or
ganized by Blackwell and one ]. p.
Graves of Spokane. In January. 1909,
Blackwell sold his stock to the Spo-
kane & Inland Empire company and
advised Kistler to dispose Of his. but
he decided not to sell. During the
same year Graves sold his holdings.
which constituted control of the rail-
way company, to the Great Northern
Railway company. In May. 1903, Kist-
Ter visited Idaho and after looking over
the property of the Blackwell Lumber
company, purchased $4,000 worth of
stock in it and at the same time stat
ed to one Schenker private secretary
to Blackwell hat he hoped that Black
well would dispose of his (Kistler's)
stock in the Spokane e. Inland Rail
way company for he desired to turn
that investment and put the money into
additional stock of the Blackwell Lum-
Der company. Later correspondence
XxFoG arf-ind on rdfr tro,
fer and one Davidson, secretary of the
Inland company, advised Blackwell he
believed he could dispose of Kistler's
stock to Graves. Kistler forwarded
the certified stock and it was turned
over to Davidson, but no money was
paid. Blackwell insisted on a note
from Davidson and one for $24,4S0, the
value of the stock, was given. This
was delivered to the Blackwell Lum-
Der company and stock for it issued
to Kistler. who was asked to forward
$500 more which would complete his
purchase OF $4,000 capital stock in the
Blackwell Lumber company. David
son later informed Blackwell that
Graves had refused to take up the
stock and offered to turn the stock
back to release his note but Blackwell
refused. Then they agreed on two new
notes. one for s12.4S0 and the other for
$4,000, Blackwell paying the former.
Several years later, or in 1914, Kistler
died, but before his death the payment
of the money due Blackwell on the
stock was never made. Kercheval was
appointed administrator of his estate.
Blackwell sought to be relieved from
the liability of the stock and reim-
bursed. A nom suit was granted in the
lower court and an appeal taken.
SYLLABUS OF OPINION.
The supreme court reaches a sum-
mary of the law points involved in the
syllabus of the opinion as follows:
l. The general rule is that ratih-
cation of the unauthorized acts of nm
agent, in order to be effectual and
binding on the principal, must have
been made with a full knowledge of all
the material facts, and that ignorance,
mistake or misappropriation of any OF
the essential circumstances relating to
the particular transaction alleged to
have been ratified will absolve the prin-
cipal form all liability by reason of
any supposed adoption of or assent to
the previously unauthorized acts of an
agent.
2. A principal does not FHtify the
unauthorized acts of his agent by ac-
cepting the proceeds or fruits thereof
If knowledge of it did not come to him
in time to enable him to repudiate the
entire transaction without essential in
jury, or where all parties to the trans
action can not be placed in statu quo
8. Where the evidonc establishes
that the unauthorized act of the agent
was at the time a personal transac-
ton of the agent made with third
party and was not intended by the
third party or the agent to be made on
behalf of the principal thereafter
sought to be charged, there can he
neither an express ratification nor an
implied ratification by a retention Of
the benefits.
4. The question whether certain let
tiers disclose the ratification of a pre-
viously unauthorized act of an agent,
by which he seeks reimbursement from
his principal, In the absence of am
biguity or a tendency to establish rat
ihcation, is primarily for the court to
determine and not for the jury.
5. Where the plaintiff fails to make
a case for jury, it is the duty of the
trial court to dismiss the action and
sustain a motion for non suit.
N-~u nm -n ~ - "a Avv-