Stewart v. Climax Road Machine Co.
Supreme Court of Pennsylvania
Stewart v. Climax Road Machine Co., 200 Pa. 611 (Pa. 1901)
50 A. 1119; 1901 Pa. LEXIS 541
Brown, Fell, McCollum, Mestrezat, Mitchell, Potter
Stewart v. Climax Road Machine Co.
Opinion of the Court
This was an action of assumpsit which resulted in a verdict in favor of the plaintiff in the sum of $1,518 and costs. The defendant company being dissatisfied with the verdict, entered this appeal. In its paper-book we find twelve assignments in each of which error is charged to the learned judge of the court below. Each of said assignments have been carefully examined and considered by us, and our conclusion from the examination thus made is that no materia] error appears in either of said assignments. We therefore affirm the judgment entered on the verdict above mentioned.
Judgment affirmed.
Reference
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- Stewart v. Climax Road Machine Company
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- Syllabus
- Principal and agent—Declarations of agent—Evidence. While agency cannot be established by the declarations of the agent, yet it is not reversible error to admit such declarations in evidence, if they are followed up with independent proof of the fact of agency. In an action against a corporation on a contract alleged to have been made by an agent, where the course of dealing between the corporation and the agent tended to establish the fact of agency, it is not improper to admit in evidence declarations of the officers of the company made subsequent to the date of the contract to the effect that the person with whom the plaintiff dealt was the agent of the company.