Fletcher Emerson Management Co. v. Davis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• summary judgment for plaintiff not authorized where wording of trade name suggested representative capacity and there was circumstantial evidence of disclosure of principal
• agent’s testimony that it was his practice to explain his agency status to new vendors constituted circumstantial evidence of disclosure that was sufficient to survive summary judgment
• agent’s testimony that it was his practice to explain his agency status to new vendors constituted circumstantial evidence of 5 disclosure that was sufficient to survive summary judgment
• “Although a witness may have no distinct or independent recollection of the details of a fact occurring in the course of the routine of his business, he may testify as to his fixed and uniform habit in such cases and state that he knows that he did not vary from that habit.”

Source: CourtListener parenthetical corpus (CC0).