Advance Whip & Novelty Co. v. Benevolent Protective Order of Elks

On July 17 to 19, 1930, one H. M. Knight, the owner of a circus, gave an exhibition of the circus at Montpelier in the name of the defendant. The exhibition was advertised as the Elks ’ circus. The' contract between Knight and the defendant was not received in evidence, but witnesses testified that the arrangement was made with a so-called committee of the defendant, and that it provided for a division of the net profits between Knight and the defendant. Joseph G. Abair was the Exalted Ruler of the defendant lodge, and also a member of the committee.

Just before coming to Montpelier, this…