Root v. Fay
Arizona Supreme Court
APPEAL frcxn a judgment of the District Court of the Fourth Judicial District in and for the County of Mohave. John J. Hawkins, Judge. The facts are stated in the opinion.
1Opinion of the CourtBaker, C. J.
This is an action to recover five thousand dollars as commission for the sale of mining property. The plaintiff had judgment, and defendant appeals. The plaintiff made his contract with one J. H. Mathews, and his theory is, that Mathews was the agent of the defendant' in and about the purchase of the property. The record is greatly encumbered with objections and exceptions on the part of the defendant to the rulings of the court in the admission of testimony. They are all based upon the idea that the plaintiff could only show a contract direct with the defendant, but it is elementary that…
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