Updegraff v. Tucker

This action was tried in the county court of Stutsman county and resulted in a judgment for the defendant. A motion for a new trial was made and denied, and the appeal is from the order denying such motion. The action was brought to recover a balance claimed to be due plaintiff from defendant for services rendered and expenses incurred under an alleged promise on defendant’s part to pay the plaintiff therefor. Defendant denies any personal liability, and in effect alleges that, in employing the plaintiff, he acted not in a personal capacity, but as the representative and agent of certain…