Tarpy v. Bernheimer

This action was brought to recover for inserting an advertisement of the defendants’ business in plaintiff’s paper. There was no evidence that the plaintiff had any dealings directly with defendants. He-claims to have received the order from one John Franz, whom he. claimed was acting as agent for the defendants. The testimony shows conclusively that Franz was agent for the defendants only for the purpose of selling beer, collecting bills, and representing the defendants before the board of excise, and, in our judgment, this was not sufficient to warrant the court below in finding that Franz…