Williamson v. Shank

Dissenting Opinion.

Rabb, J.

I cannot altogether concur in the opinion of the court in this case. In my view the facts found establish the relation, of principal and agent between John W. Nyce and his son-in-law, Williamson, in the matter of constructing the house in question. The question of agency is generally a question of fact, and not of law; but where facts are established from which the law will imply agency, then it becomes a question of law for the court. Are the facts shown by the special findings in this case such that the law will imply from them that appellant Williamson, in the…