Thomas v. Smith-Wagoner Co.

The principal question involved is whether there was any evidence to submit to the jury that Cain was acting within the scope of his apparent authority in accepting money from the plaintiff for the purpose of being loaned. In the consideration of this question we are obliged to view the evidence in the light most favorable to plaintiff, for as stated by this court in Connell v. McLoughlin, 28 Or. 230 (42 Pac. 218).

“If there be any dispute as to the fact in issue '(referring to proof of agency), it is clearly a question for the jury; or, if there be no dispute as to the facts, but there may…