Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
DR.. r. newman
2Ss Fifth kysnre. Desk O.lS NEW YeRk CITY

Lewiston Of that name. In 1917 or
1918. to begin at the beginning and
trace to the instant situation, Mr.. La
vim and the L. r. Conant Company first
dealt together. At that time the COM
pany sold him the lumber that built
his garage. About two years later Mr.
LAWN. was vendor to the company in
business that concerned the sale and
purchase OF certain doors and win
dows. Within the next year. the crig-
inal positions being resumed. the com.
pany sold and charged material to Mr..
LAWN, that went to the place of the
Metropolitan Auction Rooms, and was
paid for by the promissory note of that
concern. signed by LAWN as treasurer.
One month later the company had the
check of the Metropolitan Auction
Rooms. in settlement Of something not
debited as a book account, the nature
of which is not shown. LAWN. treas
urer, issued that check.
Thus matters We're for 20 months.
Then 1t was planned to construct an
annex to the building owned by the
auction rooms and to erect garage
for that corporation. One Wye, a car
penter, was employed. LAWN went
with Wye to the office of the plaintiff
and there spoke to its treasurer. wye,
after stating that he was to build an
annex and also a garage at the Metro
polftan Auction Rooms. showed sched-
ules of the lumber that would be re-
quired. and listed prices at which he
said that he expected to buy. Plain
tiff met the prices. Who owned the
building was not mentioned. Neither
LAWN nor Wye volunteered informa-
ton, and the plaintiffs treasurer did
ont pCIy five xt,hD
were to be made.
Work was begun. WYE. as lumber
and material were needful, tclephoned
plaintiff therefor. 10 different times.
Sixteen of the original order sheets,
written in plaintiffs office when the
orders were severally filed. read For
S. F. LAWN" The others read IS. +.
LAWN for Metropolitan Auction
Rooms" For S. Z. LAWN Job Maine
ST. Lew. Metro. Auction Rooms" For
S. f. LAWN Job Maine st. Lew. Metro
Auction Rooms" and "For S. T.. LAWN
Job Met Auc." respectively. Each load
was charged to LAWN at the time and
as delivered, though not by any spe-
cial direction from him. Monthly bills
We're sent LAWN. He never objected
But in testifying explained that his
daughter. the bookkeeper for the cor
poration, had the mail in charge and
that he seldom saw the bills. Delivery
slips went with the loads. Twelve OF
them were produced. Every one read
sold to S. +. LAWN" Eight and no
more were receipted. One was signed
IS. F. LAWN" another "Ttta E. La
VIM still another metropolitan Auc-
ton Rms. WYE" another yet wye"
and all the rest "Vye," either immedi-
a alv hafnra
tended for authorizations of Metropoli-
tan Auction Rooms. two being in this
form. IN. A. r. Inc" Plaintiff s
treasurer attested that. until 1t was
adjudicated bankrupt, several months
after his meeting with LAWN and WYE,
he did not know that the METROPOLITAN
Auction Rooms were Incorporated as a
corporation. For anything he knsw
that was but the trade name of Mr..
LAWN.
Upon these facts the justice hearing
the case in vacation. under Revised
Statutes. Chapter 81. Section 81, rem
dered Judgment for the plaintiff in an
action against LAWN for the lumber
and material sold and delivered for the
annex and the garage. Mr.. LAWNS
failure to apprise the plaintiffs treas
urer expressly. at the time the sched-
ules and the listings were under dis
cussion. that the treasurer was but
speaking to another representative,
and whom the latter stood in the stead
Of. was the predicate of liability. II
think" remarked Judge Morrill, who
sat below,-"if he was in fact acting
for the corporation. he should have
said so,"--"he cannot now avow an
agency which he did not then dis
Close"
That ruling was. to the minds Of
counsel for the defendant to bor-
row their words, too harsh and too
restrictive. They urge with en-
phasis that, the defendants agency
and his principals identity being
fairly inferable from the record,
wrong law was made to rule right
facts.
To be sure the facts and circum-
stances in a given situation may i'm
part knowledge of the principals
existence and who he is, and where
representative capacity ought rea-
sonably to be deduced. 1t Is unnec-
eSsary for an agent to state that he
personally is not pledging his credit.
Actual knowledge brought by the
agent, or. what is the same thing,
that which to a reasonable man Is
equivalent to knowledge, Is the crit
erion of the law.
The Judge defined the rule, not in
- 49,