Contracts — Consideration — Meeting of condition imposed — Sale of distribution agency — Condition imposed by newspaper — Promise to return agency if purchaser does not pay — Evidence — Prior negotiations — Authority of circulation manager — Evidence — Authority of manager.
1. Where the plaintiff, owner of a newspaper distributing agency through which defendant's newspaper was circulated, sold such agency to a purchaser who agreed, as a condition of the transfer of the agency required by the defendant, to furnish a separate distributing medium for defendant's paper, and defendant agreed to return the agency to the plaintiff if the buyer failed to pay the balance of the purchase price, the meeting by the plaintiff of the condition previously imposed by the defendant as precedent to its consent to a transfer of the newspaper agency, was a consideration moving to defendant and sufficient to support its promise. [534]
2. In such case, evidence that the plaintiff had dealt with the circulation manager of defendant, who made the promise on behalf of defendant, for several years, and that the circulation manager had supervision over and selected the distributing agencies, and that he could revoke the appointment of distributors or impose conditions upon which distributors might transfer their business to a successor, is sufficient to support a finding that the agreement of the circulation manager was within his apparent authority. [534-5]
Corporations — Evidence — Authority of manager — Scope of authority — Scope of agency for jury.
3. Where a corporation intrusts a manager with general supervision of a particular branch of its business, it invests him with the power of a general agent coextensive with business intrusted to his care and is bound by his contracts on its behalf made within the apparent scope of his authority, and the scope of the agency is for the jury. [535]
Argued October 10, 1934.
PER CURIAM, November 26, 1934:
The questions involved in this appeal are fully and correctly disposed of in the opinion of the court below by Judge PATTERSON.
The judgment is affirmed on that opinion.