Wheeling Steel & Iron Co. v. Evans

This is an action of trespass on the case, instituted by the Wheeling Steel and Iron Company against William H. Evans for a breach by the latter of his alleged warranty of the authority of William J. Driscoll to contract on behalf of the Evans Marble Company for the purchase of one hundred tons of tack plate for the manufacture of tacks. The Evans Marble Company is a corporation of which Evans was president. He was also the owner of nine hundred and ninety-five of the one thousand shares of its capital stock. It is averred in the declaration that Driscoll had made such a contract with the…