Curtis v. Miller

Williams, Judge:

In an action of assumpsit upon the common counts, plaintiff recovered a judgment, on a demurrer to evidence, and defendant was awarded this writ of error. The action is on an account for surveying land, at the request of defendant. The defense is, that defendant, as agent for a principal known to plaintiff, directed the work to be done, and' that he is not personally liable therefor. Hatcher & McGinnis, a law firm at Beckley, engaged plaintiff to do certain surveying, through plaintiff’s father as his agent. Plaintiff’s father testified that, in his conversation with Mr.…