News Publishing Co. v. Guardian Thrift Co.

The plaintiff brought this action to recover the amount alleged to be due on several stated accounts. Judgment was entered in favor of the defendant and the plaintiff has appealed.

There is little conflict in the evidence. Where it is conflicting, only the evidence which supports the findings and judgment will be stated. It appears that W. IT. Tobin was engaged in promoting the organization of industrial loan corporations known as Guardian Thrift Companies. During the months of September and October, 1926, he was promoting the organization of such a corporation under the name of the Guardian Thrift Company of Susanville. About the middle of October his stepson, C. B. Daniels, gave the plaintiff an order for printed forms for the defendant. The name “Guardian Thrift Company of Susanville” was not printed in any of the forms except the stock certificate book. The name printed in the other forms was “Guardian Thrift Company of -.” It does not appear by what authority Daniel placed the order for these forms, but he was not authorized to act for the defendant. November 6, 1926, Tobin made a written offer, directed to the “Organization Committee, Guardian Thrift Company, Susanville,…