AGENCY DIGEST cont.

. B. H. MACKE ET AL V JOSE CAMPS

FACTS:
* B. H. Macke and W.H. Chandler, partners doing business under thee r! na!e o"
Macke, Chandler And Co!pan#, allege that during the !onths o" Februar# and March $%&',
the# sold to (ose Ca!ps and deli)ered at his place o" business, kno*n as the :Washington
Ca"+,, )arious bills o" goods a!ounting to -.'$.'&/ that Ca!ps has onl# paid on account o"
said goods the su! o" -$01/ that there is still due the! on account o" said goods the su! o"
-$00.'&
* -lainti2s !ade de!and "or the pa#!ent "ro! de"endant and that the latter "ailed
and re"used to pa# the said balance or an# part o" it
* Macke, one o" the plainti2s, testied that on the order o" one 3icardo Flores, *ho
represented hi!sel" to be the agent o" (ose Ca!ps, he shipped the said goods to the
de"endant at the Washington Ca"+/ that Flores 4agent5 later ackno*ledged the receipt o" the
said goods and !ade )arious pa#!ents thereon a!ounting in all to -$01/ that belie)es that
Flores is still the agent o" Ca!ps/ and that *hen he *ent to the Washington Ca"+ "or the
purpose o" collecting his bill he "ound Flores, in the absence o" Ca!ps, apparentl# in charge
o" the business and clai!ing to be the business !anager o" Ca!ps, said business being that
o" a hotel *ith a bar and restaurant anne6ed.
* A *ritten contract *as introduced as e)idence, "ro! *hich it appears that one
7al!es, the "or!er o" 8Washington Ca"+, subrented the building *herein the business *as
conducted, to Ca!ps "or $ #ear "or the purpose o" carr#ing on that business, Ca!ps
obligating hi!sel" not to sublet or subrent the building or the business *ithout the consent o"
the said 7al!es. *This contract *as signed b# Ca!ps and the na!e o" 3icardo Flores as a
*itness and attached thereon is an in)entor# o" the "urniture and ttings *hich also is signed
b# Ca!ps *ith the *ord 8sublessee, belo* the na!e, and at the "oot o" this in)entor# the
*ord 8recei)ed, "ollo*ed b# the na!e 83icardo Flores, *ith the *ords 8!anaging agent,
i!!ediatel# "ollo*ing his na!e.
9SS:;:
W<= 3icardol Flores *as the agent o" Ca!ps
3uling:
>es
;)idence is su?cient to sustain a nding that Flores is the agent o" Ca!ps in the
!anage!ent o" the bar o" the Washington Ca"+ *ith authorit# to bind Ca!ps, his principal,
"or the pa#!ent o" the goods
The contract su?cientl# establishes the "act that Ca!ps *as the o*ner o" the
business and o" the bar, and the title o" 8!anaging agent, attached to the signature o" Flores
*hich appears on that contract, together *ith the "act that at the ti!e the purchases *ere
!ade, Flores *as apparentl# in charge o" the business per"or!ing the duties usuall# intrusted
to a !anaging agent lea)e little roo! "or doubt that he *as there as the authori@ed agent o"
Ca!ps.
Agenc# b# ;stoppel AAA Bne *ho clothes another *ith apparent authorit# as his
agent, and holds hi! out to the public as such, can not be per!itted to den# the authorit# o"
such person to act as his agent, to the preCudice o" innocent third persons dealing *ith such
person in good "aith and in the honest belie" that he is *hat he appears to be.
;stoppleAAAA 8Whene)er a part# has, b# his o*n declaration, act or o!ission,
intentionall# and deliberatel# led another to belie)e a particular thing true, and to act upon
such belie", he can not, in an# litigation arising out o" such declaration, act, or o!ission be
per!itted to "alsi"#/ and unless the contrar# appears, the authorit# o" the agent !ust be
presu!ed to include all the necessar# and usual !eans o" carr#ing his agenc# into e2ect.
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