Graham v. Buesche

Citations

• 113 Kan. 530
• 215 P. 272
• 1923 Kan. LEXIS 148

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Existence of Agency Disputed — Question of Fact for Jury. Where the existence of an agency is disputed its existence or nonexistence is ordinarily a question of fact for the jury to be determined on proper instructions.</p> <p>2. Same — Erroneous Instructions. Where the existence of an agency is the principal issue in a case it is error for the court, in its instructions, to assume its existence.</p>