Maxwell v. Proctor & Gamble Distributing Co.

OlakksoN, <T.

The defendant introduced no evidence and at the close of plaintiffs’ evidence made a motion for judgment as in case of nonsuit. C. S., 567. The court overruled the motion and in this we can see no error.

The defendant contends that “The termination of this motion must depend upon the competency of plaintiffs’ evidence to establish (a) contract; and (b) its breach.” Defendant also contends: “That there was no competent evidence offered of the contract. The whole evidence offered by the plaintiffs is to the acts and declarations of the alleged agent, without proof aliunde of agency.”