30 Iowa 215 | Iowa | 1870
George Phelps testified: “ I don’t know that defendants sold the machine; I partly sold it, and Oleson partly sold it; it was the iEtna company’s machine; I was acting for the iEtna Manufacturing Company; the notes were taken payable to them.” This evidence clearly tends to establish the agency of Phelps. It would justify the jury in finding that the agency was proved.
Where there is any proper evidence before the jury, it is error to nonsuit the plaintiff, on the motion of the defendant. Crawford v. Burton, 6 Iowa, 476.
“Phelps’ testimony, that he was acting for the iEtna Manufacturing Company when selling to plaintiff, is not evidence as against defendants that he was their authorized agent.”
The court refused to give these instructions, and upon this refusal, error is assigned. They were properly refused.
1. The signature of Amos Rank, not being denied under oath, needs no proof of genuineness.
2. In the next instruction asked emphasis is placed upon the word “ authorized.”
The view of defendant seems to be, that, although Phelps testified he was acting for the iEtna Manufacturing Company, he did not testify that he was authorized to so act. This position is too refined to be practical. Lan
IY. It is next claimed that the court erred' in giving the sixth, seventh and eighth instructions.
The portion of the eighth instruction objected to is as follows, to wit: “ In determining whether Phelps was their agent you will look at his evidence, the manner in which he acted, and at what became of the notes, whether they were received by defendants, and all other facts laid before you by the proof.”
It is insisted that it was error for the court to tell the jury that, in determining the question of Phelps’ agency, they might look at the manner in which he acted.
Although it was not competent for the jury to find the fact of Phelps’ agency from his acts alone, yet, as bearing upon that question, they were proper to be considered in connection with his testimony and the other facts submitted. So in the instructions given there was no error.
Hall testified as follows :“I tried the machine in barley; it drew heavy; did not cut well; I returned the machine to Phelps and demanded my notes; he refused to give them
We fail to discover any error in the action of the court below, and its judgment is
Affirmed.