[Download] "W. A. Smith v. Texas Company V." by Division A. Supreme Court of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: W. A. Smith v. Texas Company V.
- Author : Division A. Supreme Court of Florida
- Release Date : January 10, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
DAVIS, C. J. -- In an action at law the Court below directed a verdict for the defendant, which was an oil company being sued for the recovery of $1,358.90, alleged refund due on the price paid for gasoline, which plaintiff below contended the defendant had agreed to refund because of a condition of collection, similar to the circumstances dealt with by this Court in the case of Gilmore v. Texas Company, 100 Fla. 169, 129 Sou. Rep. 587. This case, however, unlike the Gilmore case just cited, does not turn upon the construction of a written contract, but is based entirely upon an alleged verbal contract purported to have been upon behalf of the oil company by one if its agents, and contingent upon the outcome of the Gilmore case. The oil company denied both the contract and the authority of its alleged agent to make it, if one was in fact made. The proof offered was not sufficient to take the case to the jury as against the defendant's pleas, because neither express nor implied authority on the agent's part to verbally bind the oil company to disburse money from its treasury to pay back the amount involved, was shown, nor was any proof or ratification of this particular verbal agreement attempted