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Ratification is the affirmance by a person of a prior act which did not bind him but which was done or professedly done on his account, whereby the act, as to some or all persons, is given effect as if originally authorized by him.
Defendant Homer Ruth, trading as the Ruth Lumber and Supply Company, was awarded a state contract to furnish crushed stone for highway construction. Plaintiff contractor, James S. Evans, hearing that there was work available at the quarry, applied and was employed by an unidentified foreman. He hauled stone. Defendant acknowledged giving him weigh slips for each load. After the work was done, the plaintiff and several others went to the lumber company for payment. The defendant asked for a sworn affidavit and said he would pay them, but when they furnished the affidavits, defendant refused to pay. Defendant later offered to pay about half of what was due. The plaintiff refused. Plaintiff filed the present suit to recover the money due to him. The plaintiff obtained judgment. On appeal, defendant argued that there was no employment contract between him and the plaintiff, and that he had subcontracted the hauling work.
Under the circumstances, was the plaintiff entitled to recover the money due for hauling stone under an oral contract?
The court found that the fact that the defendant had furnished the weigh slips after each load of stone was weighed, which was the basis on which he was paid by the State, and his affirmance of the contract by admitting the work had been done and that he would pay for it if an affidavit was furnished, were sufficient for the jury's consideration. The judgments were affirmed.