Lillis v. Mertz

Hirschberg, J. (concurring):

I concur. I think there is an additional ground for reversal of the judgment and order. In view of the conflict in the evidence as to the scope and extent of the authority of the defendants’ foreman, I think it was error to charge the jury, as matter of law, that he was their agent with power to make or vary contracts.

Judgment and order reversed and new trial granted, costs to abide the event.