Marshall v. Huron

GRAY, Justice.

Appellees, husband and wife, sued Salvador Maldonado and Joseph Marshall to recover $400 paid to Maldonado on a contract to purchase a house owned by Marshall. They alleged that Maldonado represented himself as the agent of Marshall and that the contract “is incapable of being carried, out by either plaintiff or defendants.”

Marshall filed an answer consisting of A special exception challenging the sufficiency of the pleadings to show agency of Mai- donado; a denial that Maldonado was his agent and that he did not receive any sum of money paid by appellees. Maldonado filed a…