Manley, Bennett & Co. v. Woodhams

In this case we must construe a declaration in assumpsit to determine whether it states a cause of action against the individuals named defendants. * The trial court decided that it did . not and dismissed the suit as to them after the-plaintiff had completed his opening statement. The plaintiff appeals.

The controversy, in brief, related to the payment of a commission upon the sale of the corporate defendant. The declaration in its pertinent portions is as follows:

' “5. On or about November 2, 1955, the plaintiff acting through its partner, the said John Ó. Mac-Par lane, was orally authorized…