Rimling v. Scherper

The plaintiff’s appeal from the judgment dismissing the complaint as to Dell Realty Company will *541first be considered. The plaintiff contends that it was error to dismiss the complaint as to the company because, by virtue of the contract entered into with Grifka on the 15th day of October, 1928, both Grifka and Scherper became the agents of the company and consequently bound it by the false representations made to the plaintiff.

It becomes important to decide whether the trial court was right in concluding that the contract dated October 15th was not an agency contract but was in fact an…