A. R. Koehler v. Lawrence Ellison

LINDLEY, Circuit Judge.

Plaintiff, a distributor of vending machines manufactured by defendant, doing business as Lawrence Manufacturing Company, brought suit in the district court to recover damages for alleged misrepresentations, which plaintiff averred in his complaint had been made by one Duncan as an authorized agent of defendant. The cause having come on for trial, the court directed that before evidence would be heard upon the merits of plaintiff’s claim, he would be required to prove that Duncan was in fact an authorized agent whose alleged fraud bound defendant. Upon this issue, the…