HUMOR.

A sarcastic lawyer seeing that his point had no effect on the judge, uttered: "No use, cast not your pearls before swine." Subsequently, as he arose to make the argument, the judge said, facetiously: "Be careful, Mr. S., not to cast your pearls before swine." "Don't be alarmed your honor! I'm only going to address the jury.

Lawyer "Madam, do you understand the nature of an oath?"

Witness-"Well, I should say I did. My husband took off the screens yesterday and is putting up the stovepipes today."

A witness was being examined for the price of goods returned as not being up to sample. "Did you see the defendant return the oats?" "Yes, your Honor." "On what ground did he refuse to accept them?" "In the back yard."

A Court of three Judges: but not our Court of Appeals. Presiding Judge: With a twinkle in his eye, turning to one of his colleagues; "What ought we to give this rascal?" "I should say three years."

Turning to the other, "and what would you say?" "I would say four years."

Addressing the prisoner: "Individually I'll be easy with

you.

You have heard my colleagues. Three and four make seven. I sentence you seven years."

THE

OKLAHOMA

LAW JOURNAL

VOL. 8.

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

November, 1909.

No. 5

GEMS FROM DONOVAN.

It is a great loss to lawyers if suits are brought without foundation. Far more cases come to office than deserves to be placed in court, and a very sure test in sortng out the good from bad ones is by asking a large reLainer on doubtful cases, stating it is for the very reason that they are doubtful, and require more attention.

The client who says he has a good case is too much interested to decide on a matter of that nature. About half that he says is not capable of proof under the strict rules of evidence, and one-quarter of that may be denied by the other side, and leave the case rather slender. He will weaken if the advance cash is considerable.

To avoid offending the other side uselessly will double one's business in the long run, while offense given to please one client will react in many instances. The client you appear for may not always be such, and the adversary may be in position to judge of your unfairness if attempted. But never try to please both sides except by doing right.

Claim about as much for your side as can be shown by circumstances-neither too little or too much. Else by over-reaching you create distrust, and by underestimate you weaken confidence. Men are so human

that they will not over-credit poor humanity. Still you must win. Your fees depend on victory well earned and fairly won.

Fairness is such a jewel in practice that every trial increases its brightness. The man that juries take to is one who soon makes business through popularity. If a hundred men all say something good of a lawyer-and one new one each week-he will not long remain poor or lacking in cases.

The man that carries his heart into cases is the one who convinces others by sincerity, and once in the possession of public confidence he may look for his share of its patronage. Estates and financial interest fall to the lot of the worthy, and affections cling to the successful and diligent.

To use others as we would be used by them may sound odd and simple, but no better motto has ever been invented on earth or from heaven. It is a rule of business that makes character, and what is greet riches with a soiled reputation?

The boys that grow up around us are the men of the future. They start from college with a longing to be either wealthy like Bliss, eloquent like Beach, or great like Webster. A passing word will help them. They will return it many times in giving you a good name and deserved honor.

In the long run of trade. business and profesional life, the one great rule will govern most people, and that is seldom ever considered; it is this: Success in life, in anything, depends upon the number to whom one can make himself agreeable..

LEGAL QUESTIONS AND

ANSWERS THERETO.

AGENCY.- A., a tailor, hired B. to carry on a branch store. B., without authority, paid his doctor's bill in clothes.

Can A. recover from the doctor?

Yes. B. had authority to do anything which would be usual in the conduct of the business, but he had no authority to bind A. when using A.'s goods for private purposes. Such an authority could in no way be implied from that actually given. Stewart, vs Woodward, 50 Vt. 78.

A. appoints B. his general agent to sell his horses, telling him specially not to warrant the soundness of one particular horse. B. does warrant that horse. Could A. be held for breach of warranty?

Yes. B. had the incidental authority to warrant the horse, i. e., such authority was reasonably to be implied from his general authority to sell, and the purchaser could rely upon B.'s apparent authority unless the limitation was actually known. A principal cannot free himself from liability by secret instructions to his agent. Harvard vs. Sheward, L. R. 2. C. P. 148 A., an executor employs B. to act in his place. What, if any, would be A.'s liability for B.'s negligence or misconduct?

A would be absolutely liable. Where personal trust is placed in in an agent, such as an executor, he has no right to delegate his power, nor to substitute another in his stead. Mechem on Agency, sec. 189.

Under what circumstances may an agent delegate his authority, and what are his liabilities after such delegation?

An agent may delegate his authority (1) when the acts to be performed are mechanical or ministerial only; (2) where necessity requires it, as the employment of an attorney, if an agent is directed to bring suit; (2) where

such delegation is customary; (4) where it was originally contemplated.

Mechem on Agency, Sec. 192-196

An agent with authority to draw checks, drew one for an unauthorized purpose.

The principal ratified the agent's act, but subsequently stopped payment of the check on the ground that there was no consideration for his ratification. Would he be liable?

Yes. Ratification needs no consideration. It is not a contract, but an adoption of an act which would have been good if there had been authority.

Commercial Bank vs Warren, 15 N. Y., 577

A. makes an unauthorized contract in the name of his principal, who dies before ratifying. Can administrator ratify? No. There can be no ratification after the death of the party for whom the act was done.

Whiting Insurance Company, 129 Mass. 240 Can a principal revoke a ratification? No. When a principal once makes an election, that is final.

Beall vs. January, 62 Mo. 435, 439; Jones vs. Atkinson, 68 Ala. 167.

An agent made an unauthorized contract. The principal told a party not interested in the contract that he had ratified it. Would that alone be a good ratification? Yes. Ratification is simply a case of election, and all that you need to prove is that the election was made, as shown by some act to any one.

Upton vs. Stunbridge Mills Co., 111 Mass.446; Bishop on Contracts, Secs. 777-783, 803, 844.

A. Was injured by the negligence of a fellow-servant who, however, was not a fit person to do the work to which he had been assigned. Can A. recover?

Yes. The duty of the master to furnish proper fellowservants is the same as that to furnish proper appliances, requiring due care on his part.

Wabash Ry. Co. vs. McDaniels, 107 U. S. 454.