Martin

In this action recovery of damages is sought for defendants’ alleged breach of a written contract to sell and deliver to plaintiff five hundred bags of beans.

Judgment went for defendants, from which plaintiff appeals, claiming the court erred in sustaining defendants’ objection to the reception of the contract offered in evidence, upon the ground that, while signed by defendant as seller, it was not shown to have been executed by the plaintiff as buyer.

[1] The contract, without seal attached, was signed as follows:

In connection therewith, T. B. Powers, in substance, testified that he had been in plaintiff’s employ for nine years; that on May 22, 1916, at the time of the execution of the contract in question, he was general manager of plaintiff corporation, in which capacity, and for and on behalf of plaintiff and as its act, he signed the same, and that in the performance of his duties he had, prior to the execution of this contract, signed all contracts for plaintiff in the conduct of its business, which was that of wholesale grocer. In our opinion, this evidence was sufficient as a prima facie showing to entitle the contract to be admitted in evidence. The contention of…