Zeller v. Morey Mercantile Co.

Mr. Justice Butler, sitting for Mr. Chief Justice Adams, delivered the opinion of the court. The Morey Mercantile Company obtained judgment against J. J. Zeller and Joe McCallister, doing business as Tivoli Union Company, for beer sold to the defendants. As in Zeller v. Taylor, 95 Colo. 503, 37 Pac. 391, so here, Fred Hared acted in behalf of the defendants in making the purchase, the only disputed question being the authority of Hared. The evidence on that question was the same in both cases. *508 For the reasons stated in the opinion in the Taylor case, the judgment in this case is affirmed. Me. Justice Hilliaed and Me. Justice Bouck concur.