Blanchard Bros. v. Berendge

The opinion of the court was delivered by

Minturn, J.

The stipulated facts show that a contract for a supply of lead pencils was entered into by a clerk or bookkeeper, in the defendants’ employ, without the defendants’ knowledge, and the practical inquiry is whether upon the mere proof of that fact liability of these defendants may be predicated. It is only where there is some evidence to support the finding of the trial court, that this court will decline to consider the correctness of the finding; but where the finding of fact is unsupported by any evidence, it can furnish no basis for the…