Rodriguez v. Higginbotham-Bailey-Logan Co.

The plaintiff sued the defendant to recover on a contract claimed to have been made by the defendant’s alleged agent. Two essential elements were necessary to sustain the plaintiff’s alleged ground of recovery. One was that the agreement had been entered into, and the other that the alleged agent had authority to bind his principal. The court submitted the first issue to the jury, and the jury found that the agreement had been entered into by the alleged agent. However, no issue was submitted, and none requested, as to whether the alleged agent had the authority to make the contract. Upon…