A. Meister & Sons Co. v. Wood & Tatum Co.

This is an action to recover the sum of seven hundred and seventy-five dollars and interest, being the balance alleged to be due from defendant to plaintiff for the purchase of an automobile. The cause was tried by the court without a jury and plaintiff had findings and judgment in its favor. Defendant appeals from the judgment upon transcript brought up under the alternative method. Plaintiff and defendant are corporations.

The sole question presented in defendant’s brief is—Did F. P. Tatum, who was secretary of defendant corporation, have authority to purchase the automobile for his company Í

The contract for the purchase of the ear was originally made by I. T. Roberts under the name of I. T. Roberts Co., a corporation, on June 26,1910, upon an installment or rental plan. Roberts subsequently became a salesman in the employ of defendant making use of this automobile in connection with his services. Failing in his payment of the installment due November 20, 1910, defendant took possession of the car shortly thereafter and before November 28. On November 28, 1910, Tatum met E. A. Meister, secretary of plaintiff corporation, at the office of defendant. Meister testified that…