Kidd v. Thomas A. Edison, Inc.

239 Fed. 405 (S.D.N.Y. 1917)

Facts

The action was in contract and turned on the authority of one named Fuller to make a contact with Kidd (P). P was to be hired to sing for D in a series of tone test recitals designed to show the accuracy with which her voice was reproduced by D's records. D contends that Fuller's only authority was to engage P for such recitals as he could later persuade dealers to book her for across the U.S. D contends the dealers were to pay her for her recitals and D would then guarantee the dealers' performance. P said the contract was an unconditional engagement for a singing tour. The jury found for P. The entire case turned on the authority of Fuller. Fuller was given detailed and limited power to book the singers.