N. E. Henderson & Son, Inc. v. F. H. Smith Co.

Brown, Jr., J.,

This action was against the defendant as an undisclosed principal for the sum of $4850, with interest from December 31, 1927, alleged to be due upon a contract between plaintiff and one Joseph Rabinowitz for the installing of lighting fixtures in an apartment house.

On December 2, 1929, a rule was made absolute upon defendant to produce at the trial certain books, records, contracts, papers and canceled checks, covering the erection and construction of the apartment house, in the possession of defendant or in its control.

During the trial on January 13, 1931, judgment by default…