Fitzgerald v. Kimball Bros.

Albert, C.

This is an action on a written contract which purports to have been executed on behalf of the defendant, plaintiff in error, by James Manaban,- as her attorney. It is thus signed: “Mary Fitzgerald, Admx., by James Manahan, Atty.” The contract provides for the construction of. an elevator by the plaintiffs in a building on the property hereafter mentioned, for which the defendant, by the terms of the contract, undertook to pay $850. The plaintiffs performed their part of the contract, and upon the refusal of the defendant to pay the stipulated price brought this action. Whether Mr.…