Gest v. City and County Contract Co.

Houghton, J. (dissenting):

I dissent. I think Flynn had actual or implied authority to direct the plaintiff to purchase on behalf of the defendant the entire ninety manholes. Of course, the plaintiff is not entitled to his commission of fifteen per cent of the costs of manholes not used on his contract, but he is entitled to recover from the defendant the amount which he paid for the manholes which were not used.

Judgment and order reversed, new trial ordered, costs to appellant to abide event.