Barber v. Smart

LESLIE, Justice.

This is a suit by S. R. Smart against H. L. Barber for the balance of the purchase price of a drilling rig alleged to have been purchased by Barber through an alleged agent, J. O. Smart, a brother of the plaintiff. Barber denied the purchase and agency of the said J. O. Smart. Trial was before the court and jury, and upon the testimony the jury found that Barber authorized J. O. Smart to purchase the rig, etc., for him. From a judgment on that verdict Barber appeals.

Upon the trial the witnesses were permitted to testify to declarations of the alleged agent to the effect that…