Payne-Farris Co. v. . Kuester

PeR Cubiam. This is an action in claim and delivery of certain furniture sold and delivered on a title retained contract. Appropriate issues were submitted and answered in favor of the plaintiff, and from judgment in accord therewith defendant Mrs. L. A. Kuester appealed. The principal assignment of error urged in the brief of the appellant is the court’s failure to sustain her objection to the admission in evidence of the title retained contract signed in her name by Miss L. E. Kuester, her daughter, without the plaintiff having first established the authority of the daughter to sign the name of her mother thereto. Without passing upon the question of whether the daughter was originally authorized to sign the contract, the evidence is that the mother, the appellant, *546 received tbe furniture in ber borne, enjoyed tbe use and benefits thereof, resisted its recovery by giving replevy bond, and thereby ratified tbe action of ber daughter in signing ber name and procuring tbe furniture. “Tbe relation of principal and agent is created by ratification when one person adopts an act done by another person, assuming to act on bis behalf, but without authority or in excess of authority, with tbe same force and effect as if tbe relation bad been created by appointment.” Trollinger v. Fleer, 157 N. C., 81. Tbe ratification of tbe action of ber daughter by tbe appellant rendered tbe instrument competent evidence. Tbe motion for judgment as in case of nonsuit made and renewed pursuant to C. S., 567, cannot be sustained, since tbe evidence was sufficient to carry tbe case to tbe jury. We have examined tbe other exceptive assignments of error and find no prejudicial error. No error.