Judgment reversed on the law and the facts and a new trial granted, with costs to the defendant to abide the event.
In our opinion, there was sufficient proof to establish Milton Perloff's agency and authority to act for the plaintiff; or, at the very least, the proof was sufficient to establish such implied or apparent agency as would bind plaintiff and estop it from denying such agency. Hence, it was error to exclude the proffered testimony concerning conversations...
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