DAVID A. BAXTER AND SONS v. SOFIO

No. 36692.

156 N.W.2d 141 (1968)

182 Neb. 599

DAVID A. BAXTER AND SONS, a partnership, Appellant, v. Anthony R. SOFIO and Agnes H. Sofio, Appellees.

Supreme Court of Nebraska.

February 9, 1968.


Attorney(s) appearing for the Case

Leary & Leary, Omaha, for appellant.

Webb, Kelley, Green & Byam, Omaha, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


WHITE, Chief Justice.

This is a suit on a contract for material furnished and for labor and services performed. The broad question presented is whether the plaintiff, a subcontractor, in orally contracting for extras on a motel construction contract was dealing with the defendant personally or as an agent in a representative capacity for the owner contractor.

An agent who fails to disclose the fact of his agency and represents himself as principal inducing...

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