McGalliard

In the spring of 1927 J. R. Luttrell and wife purchased a lot in Los Angeles for the purpose of improving same with an apartment house. Respondents herein were subcontractors, McGalliard having the contract for brick work and Coker & Taylor, Inc., the contract for the plumbing. Before the work on such contracts was started orders were issued to appellant lumber company by Luttrell and wife in favor of said contractors for the contract price, payable in four installments. On such orders, as stated in appellant’s brief, C. C. Overpeck, “who was employed to handle sales promotion, especially in connection with construction and financing in conformity with the program of the Security Housing Corporation”, imprinted a purported acceptance, using a rubber stamp bearing the name of appellant corporation and signed, “By C. C. Over-peck”. Suit was brought for the unpaid balance due each respondent, and from judgments in their favor these appeals were taken.

The sole question raised is the authority of Overpeck to bind appellant by such acceptances. Appellant is an Arizona corporation, with three directors, J. G. Halstead, the president, and two sons, one of whom, A. E. Halstead, is…