Garfield v. Knight's Ferry & Table Mountain Water Co.

17 Cal. 510

Opinion

Baldwin, J. delivered the opinion of the Court

Field, C. J. and Cope, J. concurring.

The finding in this case is in the nature of a special verdict. It is that the work was done at the instance of Kappelman & Co., who were the agents of the defendant—the defendant being a corporation. It was claimed by the defendant that though Kappelman & Co. were agents, they were also contractors, and that they employed the plaintiff in this last capacity. There is no necessary inconsistency between a man being an agent and his contracting in an individual capacity; and the very question here was, as to what capacity Kappelman & Co. acted in making this contract. The rule is that enough must be found by a special verdict or finding, when that is relied on as the basis of a judgment, to show in and of itself a legal conclusion of liability. This is not done here. We must, therefore, reverse the judgment, that the issue may be directly and explicitly found.