S. A. & A. P. R'y Co. v. Wilson

Opinion by

Simkins, J.

*566§ 323. Agent; want of authority of to execute instrument sued upon must be presented by a sworn plea. This suit was instituted by appellee, Wilson, October 22,1888, in the county court of DeWitt county against appellant to recover the amount due on a certain due-bill or time-check in writing, issued in favor of appellee by J. P. Nelson, appellant’s agent, and also for statutory damages provided for under the act of the twentieth legislature, page 72. This time-check was given for the amount of wages due for services performed by appellee as employee of appellant in the…