Stark v. McKenna

The order granting a directed verdict in favor of defendant Charlesworth must be sustained. There is no evidence pointed out by plaintiffs which tends in any degree to prove said Charles-worth to be other than an ordinary employee of defendant McKenna. All of his acts and conduct, relied upon by plaintiffs to prove personal liability on the part of said Charlesworth, show him to be acting as an agent of defendant McKenna, acting at all times within the scope of his authority and in the name of his principal. The action is one for damages, result ing from the breach of a contract. The…