#### Kingan & Company, Ltd., Appellant, v. P. J. Breen, Appellee.

(Not to he reported in full.)

Abstract of the Becision.

Principal and agent, % 9*—estoppel to deny authority to collect. Where it appeared that defendant had been a regular customer, placing his orders through plaintiff’s traveling salesman substan*490tially every two weeks for four or five years, and during that period had purchased from plaintiff meats and lards to the amount of about $10,000, and that during the last two years his purchases from plaintiff had amounted to about $2,700 annually, and the salesman had collected substantially all of the money for plaintiff, held plaintiff, having recognized and ratified the acts of its salesman in collecting accounts for so many years and for so large amounts, was not in a position to deny the authority of his agency to collect the item in question, upon defendant’s plea of payment.

*489Appeal from the Circuit Court of Edgar county; the Hon. William B. Scholfield, Judge, presiding. Heard in this court at the April term, 1914.

Affirmed.

Opinion filed October 16, 1914.

Statement of the Case.

Action by Kingan & Company Ltd., against P. J. Breen to recover an account of $116.57 and accrued interest.

From a judgment upon a verdict for defendant, plaintiff appeals.

Stewart W. Kincaid, for appellant.

Dyas & Dyas and O’Hair & Rhoads, for appellee.

Mb. Justice Eldredge

delivered the opinion of the court.

*490Scholfield, J., took no part in the consideration of this case.