Carter v. Walton

OPINION

BISSETT, Justice.

This is primarily an agency case and the main point involved in this appeal is wheth er the principals were disclosed or undisclosed.

Irving Walton, d/b/a Walton Neon Company, as plaintiff, sued Tally-Ho Motor Hotel, Inc., WKD&C, Inc., GJ&W Investments, Inc., and Clyde K. Carter as defendants. WKD&C, Inc., as cross-plaintiff, filed a counterclaim against plaintiff. The trial court instructed a verdict in favor of plaintiff on the counterclaim. After a trial before a jury, but prior to the entry of judgment, plaintiff took a non-suit with prejudice as to the defendants…