76 N.J.L. 502 | N.J. | 1908
The opinion of the court was delivered by
This action was originally brought in the District Court of Atlantic City to recover
The only assignment of error argued before us, and the only one, therefore, which requires consideration at our hands, is directed at the adjudication of the Supreme Court that it was not error in the District Court to refuse to nonsuit the plaintiff, or to direct a verdict for the defendant. The argument in support of this assignment is that the plaintiff’s right to recover depended upon the existence of an express 'agreement made by the defendant, either personally or through a regularly authorized agent, to pay the plaintiff $150 for his services; that the only proof of such a contract was the agreement between the plaintiff and the defendant’s son, and that there was no evidence of any authority on the part
The judgment under review will be affirmed.
For affirmance—The Ci-iiee Justice, Garrison, Swayze, Eeed, Trenoi-iard, Parker, Bergen, Vooriiees, Minturn, Bogert, Vredenburgi-i, Vroom, Green, Gray, Dill, J.J. 15.
For reversal—None.