Jahncke Service, Inc. v. Virgadamo

BAILES, Judge.

This is a suit on an open account to recover judgment in the amount of $511.75 for ready mixed concrete delivered to a job site on the order of defendant.

The defendant resists the plaintiff’s action on the ground that in ordering the concrete he was acting as agent for a construction company by the name of Dulo Construction Company.

The trial court rendered judgment in favor of plaintiff as prayed for, and the defendant has appealed. We find the judgment is correct.

The facts show that the defendant, Mr. Virgadamo, with whom the plaintiff had done business on previous occasions,…