(DOWNLOAD) "Bell v. Grimstad" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Bell v. Grimstad
- Author : Supreme Court of Montana
- Release Date : January 02, 1928
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Sales ? Debt ? Defense of Payment ? Burden of Proof ? Directed Verdict ? When Error ? Principal and Agent ? Contracts ? Ratification. Debt ? Payment ? Burden of Proof. 1. Where the defense in an action of debt, the existence of which has been proven by plaintiff, is payment, the burden of establishing payment rests upon defendant, though it was necessary for plaintiff to allege nonpayment in his complaint. Principal and Agent ? Ratification of Act of Agent by Acceptance of Benefit Flowing Therefrom. 2. A principal who, with knowledge, accepts the benefits of a transaction conducted by an assumed agent, is deemed to have ratified it in toto. Same ? Principal Accepting Contract Made by Agent Takes It as Made Even Though Agent Acted in Excess of Authority. 3. Where a principal accepts a contract made by his agent he takes it as the agent made it and subject to all equities and - Page 186 defenses arising out of the conditions thereof, and the means and instrumentalities by which the agent procured it, even though the agent acted without authority or in excess of his powers. Directed Verdict ? When Proper. 4. No case should be taken from the jury on motion for a directed verdict when reasonable men may draw different conclusions from the evidence or where there is substantial evidence to support the complaint, but only where from the undisputed facts the conclusion necessarily follows, as a matter of law, that a recovery cannot be had on any view which may reasonably be taken from the facts established. Debt ? Defense of Payment ? When Directed Verdict for Defendant Error. 5. Under the above rule (par. 4) held, in an action to recover a balance due, in which the defense was payment alleged to have been made to a bank or one of its officers as the agent of plaintiff, that the court erred in directing a verdict for defendant at the close of all the evidence, where the existence of the debt was established and there was a substantial showing that it had not been paid.
 "Bell v. Grimstad" by Supreme Court of Montana * Book PDF Kindle ePub Free){kind=link}