Judgments reversed, on the law, with one bill of costs, action No. 2 dismissed, and new trial granted as to action No. 1.
Plaintiff presented no evidence at trial in action No. 2 that defendant Gitzler acted other than as the agent of the corporate defendant, and Gitzler's testimony that he acted only in his representative capacity was uncontradicted. Consequently, the case against Gitzler individually should have been dismissed.
Further, the judgment in action...
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