Thomas v. Smith

The evidence was undisputed that the employee was not working for the defendant on the day in question, and that he had no actual authority on that day or on the days he worked for the defendant to make mechanical repairs on automobiles. The only question is whether the proved facts authorized a finding that they amounted to a holding out by the defendant that the employee was clothed with authority to do mechanical work on automobiles. We think that the evidence authorized such a finding. The testimony was conflicting in certain respects, so we deal with such evidence on the basis of what…