Mix v. Osby

Citations

• 62 Ill. 193

Syllabus

<p>1. Evidence—agent’s statements. The statements of an agent made at the time of hiring a party to labor for his principal in reference to his employment, is not hearsay, but pertinent and legitimate evidence against the principal in a suit against him by the laborer to recover wages.</p> <p>2. Same—order of proofs. Under our practice a party has the right to introduce his evidence in the order he may prefer, provided he will connect it, and thus render it material to the issue. Thus, he may first show the acts and statements of one claiming to be an agent, to bind the principal, if he will follow it with proof of the agency, and show that the agent’s acts were within the scope of his authority.</p> <p>3. Instruction—in relation to single facts. The practice of selecting an isolated portion of the evidence and basing an instruction on it, should not be encouraged. But this court will not reverse for that reason alone, unless it can see that it probably misled the jury.</p> <p>4. Agency—proof of agent’s authority. Where the plaintiff was employed to labor for the defendant by one claiming to act as defendant’s agent, the fact that defendant, when called on for pay, was informed by the plaintiff that the agent claimed to be such, and failed to deny the agency, or the agent’s authority to employ plaintiff, is competent evidence in a suit by the plaintiff against the defendant.</p>