231 Pa. 200 | Pa. | 1911
Opinion by
This is an appeal from the judgment of nonsuit di
It is argued that what Barrett said to Mrs. Marcus over the telephone should not be admitted as evidence in any way binding upon appellee. This position is asserted upon two grounds, first, that Barrett was not the agent of appellee, and, second, even if an agent, the principal is not bound by his declarations. As to the first position, we have already said there was sufficient evidence, if believed by the jury, to warrant a finding that Barrett in this particular transaction was authorized to act for and represent the appellee. _ The second position is also
Assignments of error sustained, judgment reversed and a venire facias de novo awarded.