Stevens v. Wilson

(after stating the case as above). Appellant insists it conclusively appeared from the evidence that Lamm was authorized to act for appellees' in making the notes sued upon, and that the trial court therefore erred when he refused to instruct the jury to return a verdict in his (appellant’s) favor and submitted to the jury an issue as to whether Lamm had such authority or not. It appeared that in their business as house furnishers and undertakers appellees dealt in “furniture, caskets, paint, oil heaters, cook-stoves and the like.” They had never dealt in radio sets. There was evidence that…