Texas Overall Co. v. Mummert

Conclusions.

CONNER; C. J.

It is insisted that the appellant company should have had an instructed verdict, on the ground that there was no testimony showing the right of appel-lee to maintain the suit in his own name. While appellee testified that he was engaged as a salesman for the “Wirter Press Company,” and the orders constituting the basis of this suit recite that appellee was “state agent,” nevertheless the orders as a whole are susceptible of a construction which sustains appellee’s allegation that he was the owner and entitled to sue. The orders do not necessarily bear the construction…