Lyons v. Thompson

Wright, C. J. —

Plaintiff seeks to recover for the value of certain goods delivered to A. B. Olmsted & Co.

Upon the trial, certain orders were introduced, signed by Boyles and others, and defendants objected to their introduction for the reason that they were not signed by Olmsted & Co. Plaintiff thereupon offered to, and did prove by parol, that the persons signing said orders, in giving the name, acted for and as the agents of said company. This testimony was objected to, upon the ground that as the agency did not appear upon the face of the orders, and the principal was not disclosed, the…