166 A. 677 | Conn. | 1933
The defendant Mary Lascinski owned a farm upon which the defendant Bobecki held a second mortgage. The plaintiffs are real-estate brokers and claimed that Bobecki, acting as agent for Mrs. Lascinski, requested them to find a purchaser for the farm, and that they did find a purchaser who was ready, able and willing to buy the farm upon the terms prescribed by the owner. The trial court found that Bobecki was the authorized agent of Mrs. Lascinski, and that through him the plaintiffs were employed to sell the farm and did procure a purchaser for it.
One of the plaintiffs was permitted, over objection, to testify that Bobecki told him that he had full authority *654 from Mrs. Lascinski to sell the farm. This ruling is assigned as error.
It is well settled that agency cannot be proven by the declarations of the alleged agent. MetropolitanCleaners Dyers, Inc. v. Tondola,
There is error, and a new trial is ordered.