Carothers v. Caine

This is an action to recover the sum of $1883.30, alleged by plaintiff to be a secret profit made by defendant in p, transaction in which the latter was acting as plaintiff's agent. Plaintiff recovered judgment for said amount and interest, and defendant appeals.

Apart from various specifications of error as to the admission of testimony, the main ground urged in support of the appeal is that there is no evidence in the record that the defendant was acting as the plaintiff’s agent in negotiating the terms of the contract, or was anything but a middleman between the parties; that the evidence…