Borton

The plaintiff seeks in this action to recover from the defendant the reasonable value of his services alleged to have been rendered under a written contract, entered into by the defendant, in the name of the J. D. Barnes Co., Inc. It is the theory of the plaintiff that the defendant assumed to act as an agent of the corporation, and entered into the contract in its name without believing, in good faith, that he had authority to do so, thereby rendering him liable to the plaintiff, as a principal, for his acts in connection with the transaction. Plaintiff recovered judgment and the defendant appeals.

The plaintiff is a realty broker and the defendant is the secretary and general manager of the J. D. Barnes Company, Inc., a corporation. Purporting to act in such' capacity, the defendant as such secretary, in the name of the corporation, executed and delivered to the plaintiff a written agreement, authorizing and employing the plaintiff to sell certain real property belonging to the corporation, for the sum of ninety thousand dollars, subject to a commission of five per cent. Belying upon the representations of the defendant that he had authority to make the agreement, plaintiff…