16 Colo. 143 | Colo. | 1891
In 1887 Leonard Briggs brought suit against the defendant, Bichard Mackey, in the county court of Gilpin county, to recover $75.62 as a balance due him for wood furnished at the Post Hole mine in Gilpin county.
The case seems to have been tried in the county court, although the record is silent as to the rendition of a judgment in that tribunal. It ultimately got into the district
The remaining errors assigned and discussed relate to matters occurring during the progress of the trial. It appears that prior to the hearing the plaintiff sought to take the testimony of one Richter, who was residing in Denver. For that purpose he sued out a ded/lmus, and thereunder, upon interrogatories filed, the deposition of the witness was taken. A motion was made to quash this deposition because
The only other objections relied upon by counsel for appellant are based upon the instructions given by the court, and its refusal to grant a new trial upon the case as made to the jury. The instructions which are complained of relate to the right of the vendor of property to hold either the undisclosed principal or the agent to whom the property is sold. The court observed the law in the instructions which it gave, and very properly told the jury that if the defendant, at the time that the wood was delivered, failed to disclose the fact that he was acting as an agent, he rendered himself liable for its value, and the plaintiff, being without notice or knowledge of the agency, was at liberty to elect to hold him, even though he might afterwards ascertain that one Bichter was the principal in the transaction. That the agent may be held, under such circumstances, there can be no doubt.
The appellant likewise complains that the court failed to instruct the jury that they were at liberty to find, from the demand made by the plaintiff upon another agent of the
The only remaining error discussed is the one based upon the refusal of the court to grant a new trial upon the case as it went to the jury. The case seems to have been fairly tried. There is evidence enough in the record to support the verdict, and there is nothing which discloses either passion or prejudice on the part of the'jury. Hnder these circumstances, when the verdict is' abundantly supported by the testimony, this court will not disturb the judgment, whatever their opinion may be in regard to its weight or its preponderance. There is no error apparent upon the record. The judgment should be affirmed.
Reed and Richmond, 00., concur.
For the reasons stated in the foregoing opinion the judgment is affirmed.
Affirmed.