Kaufman v. National Transit Co.

Citations

• 2 Monag. 36
• 1889 Pa. LEXIS 1345

Syllabus

<p>In an action of assumpsit, to recover on a contract for services entered into by the plaintiffs, with an agent for defendant, a foreign corporation, a witness was offered to prove that the alleged agent had engaged him to do certain work which the latter said was to be for the company defendant, that, after he did the work, he was referred to another party who paid him with a check or draft of the company defendant. The evidence was objected to on the ground that the agency could not be proved by the declarations of the agent, and was excluded. Another party was offered as a witness, who testified that he was the agent of the company defendant and another company, that his duties were about the same in both, that the defendant company was not organized until after the date of the transaction with the alleged agent, that he employed the alleged agent, with whom plaintiffs contracted, to procure rights of way, and that the proceeds of the rights of way go to the defendant company. Plaintiff then offered to testify as to the contract with the alleged agent, the subject of the suit, but was rejected. The court directed a verdict for defendant. Held, that-the judgment should be affirmed.</p>