Ellis v. Allen

Pee Curiam:

Judgment, in so far as appealed from, unanimously reversed upon the law, with thirty dollars costs to appellant, and judgment *842directed for plaintiff for ninety dollars, the amount admittedly unpaid, with appropriate costs in the court below.

It was error to admit proof of the declarations of the salesman of plaintiff’s assignor, made months after the transaction in question, to the effect that he knew the machine had been used when he sold it to the defendant, although he then represented it to be new.

Declarations of an agent, made in connection with the transaction of the business…