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He didn't try to sell them anything or talk business with them, but merely loafed around with them a short time. He testified that he loafed around with King and Cook. King was the owner of the Francis Oil Company, which owned a drilling rig and four wells. Cook was owner of a bunch of producing oil wells, about 28, and Mr. While there he met two friends, Sam Cook and Frank King. He then stopped a few minutes at a drug store and went on to the Kilgore Hotel. He got into the company automobile and drove down in town and parked it near where his wife's automobile was parked. On the occasion in question, he testified that after supper his wife went to the picture show that after she was gone he read a little while and then decided about 9 o'clock that he would go down in town and loaf until she came out of the picture show.
#KING TOOL KILGORE TX DRIVER#
72 S.W.2d 299, in which cases the evidence clearly established that the driver of the automobile in question was on a purely personal mission of his own. Such fact clearly distinguishes this case from such cases as Texas News Co. We think Clarence was clearly acting within the implied, if not the express, general powers of his employment and in furtherance of the business of the Iverson Tool Company. And where the servant is permitted, at his own discretion, to mix his own private affairs with those of the employer, as in the instant case, the courts will not undertake to make nice distinctions and fix with precision the line that separates the act of the servant from the act of the individual, where it appears that the act in question occurred at a time when the servant was engaged in the performance or furtherance of matters coming within the general scope of his employment. The implied powers of an agent are particularly broad in the case of one acting as a general agent or manager, since such position presupposes a degree of confidence and investiture with liberal powers for the exercise of judgment and discretion in transactions within the general scope of the business intrusted to him. The building of good will for the master's business, and interesting prospective customers, was in furtherance of the master's business. His visiting with them around the hotel was unquestionably in the general scope of the duties he was employed to perform. The employer furnished Clarence an automobile and allowed him an expense account with which to entertain these prospective customers, and although he made no sales to Cook or King at the hotel on the evening in question, the conclusion, we think, is inescapable that he would have made sales to them had they offered to buy. They were the potential customers of his employer's oil field supply business. One of the main duties of his employment was to cultivate the acquaintance and friendship of men engaged in the oil producing business.