Wilson v. Viking Corp.

Opinion by

Stadtfeld, J.,

This suit was originally begun by a foreign attachment. The defendant entered its appearance and filed its bond to dissolve the attachment, and the suit continued as in assumpsit. The suit was to recover the sum of $1585 upon a written contract with, the defendant, made by its vice-president, A. E. Johnson, on November 3,1934. At the first trial held on November 25, 1935, a non-suit was entered against the plaintiff on the ground that Mr. Johnson’s authority to enter into the contract for the defendant was not shown. On a motion to take off the non-suit, the court made…