State Amusement Co. v. Turrentine & Thompson

I concur in the reversal of the judgment of the trial court, not on the ground that there was reversible error in admitting in evidence the declaration discussed, but on the ground that there is no legal proof of the fact of the declarant's alleged agency. I think the declaration was admissible, not as proof of agency, but as part of the res gestæ, to show to whom the credit was extended, and the good faith of the plaintiff in the action. *Page 347