England Bros. v. Miller

This is an action on a written contract for the purchase of a piano, signed in behalf of the defendant by an alleged agent. There was evidence sufficient to warrant a finding that the one signing the contract for the defendant had real or ostensible authority to bind the defendant by the contract. That was decided when the case was here at an earlier stage. 274 Mass. 239. In addition to evidence as to the authority of the alleged agent of the defendant, the same in substance as that adduced at the earlier trial, there was also testimony at the trial now under review to the effect that,…