Ellis v. Greenbaum Sons Investment Co.

Opinion by

Mr. Justice Kephart,

Appellee purchased bonds from appellant’s agent and brought this action to recover the loss sustained by reason of appellant’s refusal to perform its part of the agent’s oral agreement to repurchase the bonds. A recovery was had in the court below and this appeal followed.

The principal question for our determination is whether there is sufficient evidence from which the jury could find that the agent had express or implied authority to stipulate for the repurchase of the bonds at the time he sold them. The jury found from the evidence that such authority existed,…