267 Mass. 372 | Mass. | 1929
This is an action of contract to recover on an account annexed the sum of $598, with interest from January 1, 1928. The plaintiff alleged that certain fur goods were sold to the defendant. At the trial it was agreed that the prices for which these goods were sold were fair and reasonable, and if the defendant owed anything to the plaintiff he owed the sum claimed by the plaintiff in the account stated. The case was tried in the Superior Court to a jury. At the close of the plaintiff’s evidence the defendant rested and presented a motion that on all the evidénce a verdict be directed for the defendant. The motion was allowed, and the case is before us on the exception of the plaintiff thereto.
The facts in their aspect most favorable to the plaintiff’s contention, as they warrantably could have been found by the jury, are as follows: The president of the plaintiff corporation had known and dealt with the defendant for many years. All the goods stated in the account annexed were sold and delivered to the defendant in the months of February, May, July, September and November, 1927. Since
On the foregoing facts it is plain the jury could find that the defendant did not disclose to the plaintiff that the items of goods purchased were bought by him as agent for the Butkovitz Fur Company, Inc., and that the plaintiff did not know such was the fact. In these circumstances it is settled that the agent of the undisclosed principal may be treated as principal. Merriam v. Wolcott, 3 Allen, 258. New London Ship & Engine Co. v. Simpson, 254 Mass. 76, 78. The evidence should have been submitted to the jury, and the exceptions must be sustained.
Exceptions sustained.