Commercial Insurance Co. v. Hartwell Excavating Co.

There are certain facets of this cause which lead me to the conclusion that the trial court was in error in entering judgment for the respondent.

Mr. Hartwell, respondent’s president, testified unequivocally that he knew that Dehnert, the appellant’s agent, had only limited authority insofar as the execution of the bond as applied for was concerned. It will be recalled that Mr. Hartwell testified as follows:

“Q. At the time you furnished that [the application] to Mr. Dehnert, was *546there any discussion as to what would he done with this application?

A. It would just he submitted to a company and…