Page:North Dakota Reports (vol. 3).pdf/274

 warrant in the manner in which Crafts warranted this binder. Section 3985, Comp. Laws. Crafts was intrustedentrusted [sic] with the sale of defendant's binders, and had them in his possession for sale. And even if restricted in his authority he would still have such authority to warrant as to all persons who did not have actual or constructive notice of the restrictions upon his powers. Section 3980, Id. See also Boothby v. Scales, 27 Wis. 635.

It is also urged that this written employment of Crafts as agent should have been received, because it showed on its face that his employment was only for the season of 1889, and that therefore nothing done by Crafts during 1890 would bind the defendant. In the same connection it is urged that the return of the property to Crafts in 1890 would not be a good delivery to defendant if Crafts had ceased to be defendant's agent. This excluded writing, it is urged, was evidence of the fact he was not such agent for 1890. But it was not evidence of this fact. It did not show that he was not agent for 1890. It was not at all inconsistent with his employment as agent the following year. Moreover, there is another reason why it was not error to receive this writing for this purpose. It was plainly offered for another purpose, for which it was incompetent, i. e., to bind plaintiff by restrictions on what would otherwise be the agent’s authority, without offering to bring home to plaintiff notice of such restriction. Being rejected as evidence for this purpose, the defendant should have stated the other object for which it was desired to have it admitted in evidence. Having failed to do so, he cannot complain of the refusal to receive it as error. There was no claim on the trial that Crafts was not the agent of defendant during the ycar 1890, the same as the year before. We do not think that the presumption of the continuance of the agency, after the fact of agency had been once established, could be rebutted by the introduction of the written contract of employment, silent on the point as to whether the agent was employed the ensuing year, when the agent himself was put upon the stand by the defendant as a witness for defendant. A simple inquiry would have settled this question, and the fact that Crafts