Business Associations, Pages 54–55

Evans v. Ruth

Superior Court of Pennsylvania, 1937

Facts:

Defendant needed crushed stone for a highway project, so plaintiff got a job at a quarry and was told that defendant would pay 40 cents per ton. Defendant had already contracted this work to Darr however. Plaintiff brought defendant loads of stone, and Darr weighed them and gave them slips with defendant's name and the weight brought. After the work was done, plaintiff and some other truckers went to defendant's to get paid. Defendant looked at the slips and said, "Well, I see you finished the work for me . . . . If you will have a sworn affidavit to that statement, I will pay you." Plaintiff then provided the affidavit, and defendant refused to pay, denying any liability. Darr had gotten into financial difficulty and already had all of his money attached by creditors.

Procedural History:

Trial court gave a judgment for plaintiff.

Issue:

Did defendant ratify plaintiff's contract with Darr?

Rule:

If one assumes to act for another without authority and the other affirms his act, it is a ratification which relates back and supplies original authority for the act.

Reasoning:

Ruth did not disavow the contract upon receiving the weigh slips. Instead, he affirmed that the work was done for him by saying he would pay for it if an affidavit was provided.

Holding:

Yes, defendant ratified the contract. Affirmed.

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