Sims v. Callihan

The motion for rehearing is overruled, but the majority do not concur in all of the reasons assigned for overruling the motion in the 'opinion by Associate Justice Funderburk. The statement of facts has been read and reread by us, individually and collectively, and we all agree that there is no evidence that Weigel was the agent of appellants in making the drilling contract. Appellees testified to statements made by Weigel, to the effect that appellants were his associates, hut agency cannot be proved by declarations of the alleged agent. The existence of any debt whatever, and therefore of…