Martin v. Bos Lines, Inc.

The opinion of the court was delivered by

Hatcher, C.:

This appeal stems from a controversy as to the real party in interest in an action for breach of contract.

The following facts were disclosed by the evidence:

During some two months prior to March 31, 1967, Bob L. Martin, the plaintiff, was employed by the defendant as its agent in the city of Fort Scott, Kansas, with his principal duties being the picking up and delivering of freight in and around the city of Fort Scott.

On or about the first of March, 1967, the plaintiff was contacted by Lee Osborne, president of operations for Bos Lines,…