171 Pa. 417 | Pa. | 1895
Opinion by
This case has had more prolonged consideration than its importance entitled it to, because at the argument we received the impression that some of the offers of evidence by the plain
Our difficulty7 in the present case has been caused chiefly by the want of the pleadings and the evidence. Neither have been printed, and we are without guide to the status of the case when the separate offers were made and their relation to each other. It is said in appellee’s paper-book that they were not progressive as they7 appear in the assignments of error, but that the first in time was the one set forth in the sixth assignment. This was a long offer containing undoubtedly a great deal of irrelevant matter, and was specifically objected to on that ground among others. The ruling of the learned judge was that “ the offer, as made, cannot be admitted.” This was a clear intimation to appellant to separate his offer into its component parts, and according to appellee’s paper-book he proceeded to do so. But the substance of the offer, which would have made it good, was the recognition of Ludwig’s authority to employ plaintiff for the firm, by Clayton Emig’s promise to pay the balance of his wages, and by the firm’s payment of his board while engaged in the work. Unfortunately none of the subsequent offers presented this evidence free from the objectionable matters with which it was clogged in the first, and most of them omitted it altogether. The agreement made by Ludwig with Kissinger, of itself proved nothing, for he might have been specially deputed to make that contract without any general authority, and as pointed out by the learned judge in his opinion refusing a new trial, even a general authority as manager to procure contracts to dig wells, does not imply any7 authority to do the work
Judgment affirmed.