McClelland v. Hammond

Hammond commenced this suit before a justice of the peace to recover on an account for goods sold. The goods were *83bought and the indebtedness primarily contracted by one A. Russell, who was claimed to have been agent for defendant McClelland. The agency was denied. Judgment was in favor of the defendant in the justice’s court and of the plaintiff in the county court. On appeal from the judgment in the latter court the case comes into this court.

On trial the defendant while testifying as a witness in his own behalf, was asked the following question: “Was the matter in controversy in this…