Evans v. Edelstein

Opinion by

Mr. Justice Schaffer,

This action was brought by plaintiff to recover $5,000 which was paid in his behalf at the time of execution of an agreement for the purchase by him of real estate from defendants. He recovered a verdict in the court below, but judgment was subsequently entered against him non obstante veredicto and he has appealed. '

Appellant was not present when the contract of purchase was signed; his father, a lawyer, acted in his behalf and signed the agreement as his agent; an agent likewise signed for defendants. Both parties recognize the acts of their representative in…