Hovley

The principal point to be decided in the appeal of this case is whether a certain contract signed “Frank Meline Company, by G. H. Seward,’’ and also signed by Peter P. Hovley, plaintiff’s assignor, was binding on Frank Meline, who was doing business under the name of Frank Meline Company. Appellant concedes that Seward was at the time he signed the contract in the employ of defendant but contends that signing the contract was not within the scope of Seward’s employment either actual or ostensible. The defendant was at that time engaged in a business of various kinds, among which were construction of buildings, financing, promotion, that of real estate broker, etc. He had four offices in four different localities, and had about one thousand persons in his employ. He was not, of course, giving personal attention to all of the various branches of his business, but had systematized and organized his business. Seward was operating in what was knowr, as the “Wilshire Office Dept.” A letter-head had been printed for use in that department on which was printed, “The Frank Meline Company, Realtors. Please direct youi reply to the Wilshire Office Dept. Attention G. H. Seward. Promotion,…