Fant v. Farrier Bros.

In June, 1920, the appellant filed this suit against the appellees to recover damages for the breach of a contract to purchase a carload of peaches. He alleged in substance, that he was and is now a duly authorized and acting agent of about 25 different fruit growers, whose names and residences were given, and that he is suing for their benefit. The defendants answered only by a plea to the merits. At the conclusion of the evidence the court gave the following peremptory instruction to the jury;

“You are instructed in this case that the evidence shows that the plaintiff, at the time he made…