DANIEL v. BUTLER LUMBER COMPANY

No. 381.

119 S.E.2d 397 (1961)

254 N.C. 504

J. E. DANIEL v. BUTLER LUMBER COMPANY, Inc.

Supreme Court of North Carolina.

April 19, 1961.


Attorney(s) appearing for the Case

James D. Gilliland, Warrenton, for plaintiff-appellant.

Banzet & Banzet, Warrenton, for defendant-appellee.


PER CURIAM.

The only evidence by which plaintiff undertook to establish the alleged contract consisted of his testimony as to statements made to him by one John P. Forneau, defendant's former employee. The court, sustaining defendant's objections thereto, excluded this testimony.

It is well established that the nature and extent of an agent's authority may not be shown by extra-judicial declarations of such agent. Forneau did not testify. His employment by...

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