Parnay

—ThisThis is an appeal from a judgment for the purchase price of certain nursery stock alleged to have been sold and delivered by respondent to appellant corporation. The sole question involved is the authority of the president of the corporation to make the purchase on its behalf.

There is evidence to establish the fact that E. C. Amling was president of the E. C. Amling Company and held a majority of its stock. About December 20, 1921, Amling, accompanied by his son Harold R. Amling, secretary, treasurer and general manager of the corporation (the business of which was buying and selling cut flowers), went to the nursery of respondent at Pasadena and priced heather plants, inquiring particularly as to special rates on quantity lots, and finally agreed to purchase fifteen hundred heather plants in various sizes. This conversation was followed by a written order on the letter-head of the corporation “confirming our conversation of yesterday,” specifying delivery at Sawtelle and inclosing a check for $500 on account. It was signed “E. C. Amling Co., E. C. Amling.” Later on and prior to delivery E. C. Amling again visited the nursery, examined the plants and agreed on cutting them…