On the facts reported by the referee, I should myself have been inclined to find that the defendant impliedly assented to Hutchinson's acting as his agent, and that therefore Hutchinson was his agent; and if he assented to Hutchinson's acting for him, he to that extent held him out as his agent. The referee, however, has drawn a somewhat different conclusion, but reached the same result; and I am not disposed to disturb it.
I think there should be judgment according to the report.