Mesmer

Defendant appeals from a judgment rendered in favor of plaintiff.

The complaint contains two counts. [1] In the first, it is alleged that plaintiff, at the special instance and request of defendant, sold and delivered to him goods and merchandise of the value of $111.08, which allegation the court found true. The finding is attacked for want of sufficient support in the evidence. It appears that the goods were bought through one Bowman, who testified to facts showing that in making the purchase he was acting for and as the agent of defendant, who authorized and instructed him to purchase the goods and have the same charged to defendant, which he accordingly did. Conceding that Mesmer contradicted the witness, it was the province of the trial court to determine the conflicting evidence, and since it accepted Bowman’s statement as true, it was sufficient to establish the fact so found by the court. [2] While the mere declarations of an agent are not admissible to prove his agency, nevertheless, where the question of one’s agency is involved, the testimony of the agent, sworn as a witness in the case, is competent to establish the fact in issue, together with its extent and nature.…