Nordyke v. Shearon

Suit for rent due upon a lease. The suit is by assignees. The defendants answered, setting up a set-off consisting of an account for repairs done upon the property leased.

On the trial the.defendants proved the repairs. But this was not enough. It was necessary, as the case stood, to *347further prove that they were authorized by the plaintiffs. To do this, the defendants proposed to prove that they were authorized by one Dugdale, and then to prove that Dugdale was the agent of the plaintiffs. The Court required them to first prove that Dugdale was the agent, and then to prove that he authorized…