Krum v. King

California Supreme Court

Krum v. King

12 Cal. 412

CourtCalifornia Supreme Court

DecidedJanuary 15, 1859

StatusPublished

Cited by4 cases

This text of 12 Cal. 412 (Krum v. King) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Krum v. King, 12 Cal. 412 (Cal. 1859).

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Opinion

Terry, C. J.,

delivered the opinion of the Court—Bald-wist, J., and Field, J., concurring.

The complaint alleges a contract made with defendant, through his agent or deputy. In support of this allegation evidence was introduced, showing that defendant was Sheriff of the county, and that the contract was made by Stewart, one of his deputies.

This evidence was not sufficient to warrant the judgment. No special authority to make the contract is shown, and the mere fact of his being Deputy Sheriff, did not authorize Stewart to bind his principal in this manner.

Judgment reversed.

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Terry, C. J.,

delivered the opinion of the Court—Bald-wist, J., and Field, J., concurring.

The complaint alleges a contract made with defendant, through his agent or deputy. In support of this allegation evidence was introduced, showing that defendant was Sheriff of the county, and that the contract was made by Stewart, one of his deputies.

This evidence was not sufficient to warrant the judgment. No special authority to make the contract is shown, and the mere fact of his being Deputy Sheriff, did not authorize Stewart to bind his principal in this manner.

Judgment reversed.

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Bluebook (online)

12 Cal. 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krum-v-king-cal-1859.

Opinion

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