Bruton v. Automatic Welding & Supply Corp.

Jerry Bruton (defendant) loaned his tractor to David Ekvall (defendant). Ekvall found that the tractor kept breaking down. On his own and without mentioning it to Bruton, Ekvall took the tractor to Automatic Welding & Supply Corporation (AWS) (plaintiff) and authorized the tractor’s overhaul. When Bruton entered AWS’s shop on other business, he recognized his tractor. AWS’s mechanic described the tractor’s overhaul, but neither the mechanic nor Bruton said anything about the overhaul’s cost. Bruton merely ordered some additional minor repairs to the tractor. After all the work was completed, AWS returned the tractor to Ekvall, who used it for some time thereafter. AWS billed Bruton for the repairs. By that time, none of the repairs could be undone. Neither Bruton nor Ekvall paid AWS for the repairs, so AWS sued both men. Bruton crossclaimed against Ekvall for the major repairs. The trial court held Bruton and Ekvall jointly and severally liable to AWS and ordered Bruton to compensate Ekvall for any part of AWS’s bill that Ekvall ended up having to pay. An intermediate appellate court affirmed the trial court’s judgment. Bruton appealed to the Alaska Supreme Court, which, before turning to the issue of ratification, held Bruton liable for the minor repairs he ordered but rejected other grounds for holding Bruton liable for the major repairs.