Johnson, Matthey & Co. v. Mayers

This action was originally brought to recover damages for breach of contract against Helen K. Mayers in that she failed to accept and pay for 50,000 ounces of silver which it was mutually agreed plaintiff was to sell and deliver to her.

By order duly obtained, a supplemental summons and complaint were issued and served to bring into the suit Chauncey M. Mayers, as a party defendant. The supplemental complaint alleged a cause of action for breach of warranty of authority against defendant Chauncey M. Mayers for allegedly misrepresenting to plaintiff the extent to which he was authorized to…