McAuley

The plaintiff as the assignee of David H. Glickman commenced an action to recover $730 alleged to be due and owing for services rendered the defendants at their request for an agreed sum. The defendant Biltz was not served. The defendant corporation appeared and answered. A trial was had before the trial court sitting without a jury. The trial court made findings in favor of the plaintiff and from a judgment entered thereon the corporation has appealed and has brought up a typewritten transcript. It was the theory of the plaintiff that he was employed by Norman Biltz, and that the latter was the authorized agent of the defendant corporation having authority to employ the plaintiff and fix his compensation. On the other hand, it was the theory of the defendant that Biltz was employed by the corporation as a broker and that his compensation. was fixed on a commission basis and that Biltz had no authority to incur any obligations whatever against the defendant corporation. The defendant contends that there is not one scintilla of evidence to show that Biltz had any authority to bind the corporation nor that he attempted to do so. We think the contention must be sustained. An…