Thomasson v. Benson Hardware Co.

Both the original and cross-bills aver that the material was sold or furnished under contract with the owner “or her agent,” but do not set out the name of the agent. The demurrer pointed out this fact, and should have been sustained. Murray v. Bessemer Lumber Co., 213 Ala. 232, 104 So. 649.

We have a line of decisions holding that, when a complaint or plea relies upon the act of an agent, the authority of the agent should be averred, Hanover Fire Ins. Co. v. Wood, 209 Ala. 380, 96 So. 250, but this seems to be unnecessary in cases of this sort, as it was held in the Murray Case, supra, that…