Carey v. Myers

The opinion! of the court was delivered by

Benson, J.:

The petition alleges:

“That on the 22nd day of July, 1909, the said T. J. Myers, as the duly authorized agent of said plaintiffs, sold for the said plaintiffs two thousand barrels of pork at $21.05 a barrel, and the said T. J. Myers failed to remit the said plaintiffs the sum of $772.50 thereon.”

The answer contained a general denial and a special verified denial of agency.

A demurrer to the evidence of the plaintiffs wás overruled. The defendant offered no evidence, and judgment was rendered for the plaintiffs for $772.50, the amount claimed,…