Eddy

This is an action to recover damages for breach of contract alleged to have been made by defendant with plaintiff. The court gave judgment for defendant, from which plaintiff appeals. The alleged contract upon which the action is based is one whereby defendant employed plaintiff and his family as acrobatic and high-wire performers for the season of 1907. The contract, in duplicate, was executed on December 13, 1906, at Chihuahua, Mexico, by plaintiff and one William Sells, who purported to act for and on behalf of defendant, signing defendant’s name thereto by himself as manager. At the time of the execution thereof, Sells delivered one copy to plaintiff, retaining the other in his possession until after this controversy arose, when he delivered the same to plaintiff. Defendant claims that Sells had no authority to make the contract in its name.

The contention of appellant is that Sells, if not as actual agent of defendant empowered to execute the contract, nevertheless, had ostensible authority so to do; that if lacking in such authority, his act in making the contract was ratified by defendant and H. H. Tammen, its general manager, who did have power to make the same. As- to…