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2 Miles 333

Fox v. Pray

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1839-09-21

THIS was an action to June term, 1839, No. 352. Plaintiff filed a copy of an instrument of writing, viz.: “I hereby certify that I this day bought of Joseph Fox, agent for Abraham Hibberd, fifteen fat steers, which are to be drawn as follows, viz.: eight of them on the 24th instant, and the remainder on the 31st instant; and for which I have agreed to pay him on or before the 15th of next month, eight hundred dollars, current money of Philadelphia.

Decided 1839-09-21

Per Curiam.—

¶1From what is before us, nothing appears that the agency of the plaintiff was coupled with an interest. Indeed, the contrary is averred in the defendant’s affidavit, whatever the fact may turn out to be before a jury. The promise to pay to the agent, is but a promise to pay to him for and on account of the principal, and the latter may revoke the authority of the agent to receive the money.

¶2Rule discharged.

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