McElroy v. Glenn Kline Lumber Co.

Citations

• 37 Pa. Super. 393
• 1908 Pa. Super. LEXIS 294

Syllabus

<p>Principal and agent — Independent contractor — Evidence.</p> <p>Where in an action of assumpsit it is sought to hold the defendant liable on a contract alleged to have been made by an agent, and the undisputed evidence shows that the relation between the defendant and the alleged agent, was under a written contract, and that the alleged agent was in truth and in fact an independent contractor, it is reversible error to submit to the jury the question of agency on evidence to the effect that the defendant had advanced to the contractor moneys in excess of what was due him, that the president of the defendant company had visited the work, had complained of the way in which it was being ■ done, and had given orders which were, however, not obeyed, and that the secretary of the defendant had said after the contractor had quit work that he had a bargain to stand by him financially, but that “when the last bill for labor came in, he had to throw üp his hands.” Bellman v. Pittsburg, etc., Ry. Co., 31 Pa. Superior Ct. 389, distinguished.</p>