Freyberg

Appeal from a judgment for the plaintiff and an order denying the defendant’s motion for'a new trial. In the original complaint two causes of action were set out: The one for the sale by the plaintiff to the defendant of the furniture and fixtures of a saloon, together with the goodwill of the business and the license under which the same was conducted, for the sum of $1300; the other for trespass in the unlawful taking and conversion of the goods sold by the defendant and other defendants named.- But as to the latter, the suit was dismissed before the trial and the second count stricken out.

The court found the sale of the goods in question as alleged. This finding is fully sustained by the evidence; and, indeed, the sufficiency of the evidence is not disputed, except in one particular; which is that the president of the corporation and his subagents through whom the contract was made had no authority to enter into the contract, or at least, to do so otherwise than in writing. But it appears, without contradiction, that the president was the general manager of the corporation, and that the buying and selling of saloons was part of its ordinary business. There can, therefore, be…