Barnes v. Ball

On Rehearing.

ANDERSON, C. J.

Upon the original consideration of this cause, in holding that the contract or authority to sell dated May 5, 1920, did not exclude all personal liability against the purported agent, D. 0. Ball, we seem to have collided with the early case of Stringfellow v. Mariott, 1 Ala. 573, which said case was overlooked by the court. ¡The instrument here and the one there considered are so similar that we must accept the ruling in said case that this contract discloses no personal liability against D. Ó. Ball. This being the case, the plaintiff could not maintain the action…