Dempsey v. Chambers

28 N.E. 279 (1891)

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Dempsey v. Chambers

Massachusetts Supreme Judicial Court
28 N.E. 279 (1891)

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Facts

Patrick Dempsey ordered a load of coal from James Chambers (defendant), a coal dealer. Although McCullock did not work for Chambers, McCullock decided on his own to deliver the coal. In so doing, McCullock acted without Chambers’s permission or knowledge. During the delivery, McCullock accidentally broke one of Dempsey’s windows. Dempsey sued Chambers for damages. The trial court entered judgment for Dempsey on the grounds that, by subsequently billing Dempsey for the coal, Chambers ratified McCullock’s delivery and assumed liability for any tort McCullock committed while making that delivery. Chambers appealed to the Massachusetts Supreme Judicial Court.

Rule of Law

Issue

Holding and Reasoning (Holmes, J.)

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