Johnson v. M. J. Uline Co.

In voicing my dissent I do not stress the substantive question involved, though there is ample basis for arguing that the majority opinion is wrong in its reasoning and in its conclusion that the allegations of the complaint do not make out a case of agency. A number of well-considered cases have taken a broader and more realistic approach in’ testing the facts for proof, or lack of proof, of agency. Davis v. Merrill, 133 Va. 69, 112 S.E. 628; New Ellerslie Fishing Club v. Stewart, 123 Ky. 8, 93 S.W. 598, 9 L.R.A..N.S., 475; Richberger v. American Express Co., 73 Miss. 161, 18 So. 922, 31…