American Concrete Units Co. v. National Stone-Tile Corp.

The complaint in this action consists of three counts. The first is based upon a promissory note in the sum of $500; the second and third are based upon an agreed amount of rent due for a certain machine manufactured by plaintiff and delivered to defendant. There is no dispute as to the execution of the note nor is there any question that plaintiff manufactured the machine and delivered it to defendant. The defense advanced was that the officers and agents of defendant corporation who represented it in the transactions were without authority so to do. The trial court found against this contention and rendered judgment in favor of plaintiff. Defendant appeals and it claims that the evidence does not support the findings' in favor of plaintiff and judgment should, therefore, be reversed.

There is no merit in the appeal. There is evidence in the record to sustain the finding of the trial court that the transactions here involved were fully authorized by defendant corporation. Such facts as are necessary for a discussion of the case may be briefly summarized as follows: Prior to February 23, 1928, W. P. Stanton was president and general manager of defendant corporation, and J. T.…