Whiteside v. Margarel

Citations

• 51 Ill. 507

Syllabus

<p>1. Evidence—statement of an agent. The statements of an agent are admissible, to charge the principal, only when they are a part of the res gestee. They are not admissible when made out of the presence of the principal, .and to a third person having nothing to do with the subject matter, and at a time when the agent was not engaged in the business to which the controversy relates.</p> <p>2. An agency can not be proven by the mere statement of the alleged agent.</p>