Nowell v. Great Atlantic & Pacific Tea Company

The plaintiffs’ evidence disclosed the action against the Tea Company was not brought within three years from the time it accrued. The evidence established the Tea Company’s plea in bar. Nonsuit was required.'The appellant interposed a like plea which the court overruled. Assignment of Error No. 2 challenges this ruling.

The appellant has contended the nonsuit should have been entered upon two grounds: First, the allegations and the evidence showed that R. L. Taylor, engineer for the Tea Company, was also the agent of the plaintiffs and, as such, had supervised the construction and, with full…