Computel, Inc. v. Emery Air Freight Corp.
United States Court of Appeals for the Eleventh Circuit
919 F.2d 678 (1990)
- Written by Rich Walter, JD
Facts
Computel, Inc. (plaintiff) contracted with Emery Air Freight Corporation (Emery) (defendant) for the delivery of Computel goods to a consignee. The waybill for the shipment gave Emery a special instruction to deliver the goods only upon receipt of a cashier’s check from the consignee. Instead, when Emery delivered the goods, Emery accepted the consignee’s ordinary corporate check. Emery relayed the check to Computel clerks who, in accordance with Computel’s standard ministerial procedure, processed the check and unconditionally deposited it into Computel’s bank account. The check bounced. Computel sued Emery for ignoring Computel’s shipment instructions. A federal district court granted summary judgment for Computel. On appeal to the Eleventh Circuit, Emery argued that Computel’s unconditional acceptance of the consignee’s check constituted a principal’s ratification of its agent’s unauthorized act.
Rule of Law
Issue
Holding and Reasoning (Fay, J.)
Dissent (Johnson, J.)
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