Luhring Lumber Co. v. Bean

Action by appellant against appellees on account. To the complaint there was an answer in two paragraphs: (1) Denial; and (2) payment. Trial resulted in a finding and judgment for appellees.

Account sued on was for lumber sold and delivered appellees. It was appellant’s theory at the trial that the lumber was sold to appellees by A. Dale Ford who at the time was its agent, as appellees well knew. Appellees admitted that they received the lumber, and that it was sold to them by Ford, but denied that Ford at the time was acting as the agent of appellant.

It appears from the evidence that Ford had…