National Cash Register Co. v. Ison

The case was submitted to the judge without a jury; and he found for the plaintiff' $78.75, with interest. Defendant moved for a new trial on the general grounds, and because the court allowed plaintiff' to testify as to sayings of Behre as agent of defendant, plaintiff' having proved that Behre was only a special agent for a specific purpose, with limited authority and with no power to make a contract for defendant. The motion was overruled, and defendant excepted.

*464By the contract between defendant and Behre, made in September, 1888, defendant agreed to establish Behre as “sales agent” for…