Soule v. Steamboat Pike

California Supreme Court

Soule v. Steamboat Pike

1 Cal. Unrep. 4

CourtCalifornia Supreme Court

DecidedSeptember 22, 1855

DocketNo. 622

StatusPublished

This text of 1 Cal. Unrep. 4 (Soule v. Steamboat Pike) 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

Soule v. Steamboat Pike, 1 Cal. Unrep. 4 (Cal. 1855).

Pincite

Opinions

MURRAY, C. J.

— The appellant assigns as error that there is no proof of any privity of contract between the plaintiffs and defendant. The testimony of the witness does not show that he was authorized to purchase the lumber in question, and without some authority, the defendant would not be liable. But the witness testifies that the lumber was used in the construction of-the boat by the order of the owner. Now, I am of opinion that if the lumber was received and used with the knowledge of the owner, he thereby ratified the act of the witness and made him his agent for the transaction, and is liable.

Judgment affirmed.

I concur: Bryan, J.

Free access — add to your briefcase to read the full text and ask questions with AI

MURRAY, C. J.

— The appellant assigns as error that there is no proof of any privity of contract between the plaintiffs and defendant. The testimony of the witness does not show that he was authorized to purchase the lumber in question, and without some authority, the defendant would not be liable. But the witness testifies that the lumber was used in the construction of-the boat by the order of the owner. Now, I am of opinion that if the lumber was received and used with the knowledge of the owner, he thereby ratified the act of the witness and made him his agent for the transaction, and is liable.

Judgment affirmed.

I concur: Bryan, J.

Cite This Page — Counsel Stack

Bluebook (online)

1 Cal. Unrep. 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soule-v-steamboat-pike-cal-1855.