Crozier v. Reins (4 Ill. App. 564, 1879)

McAllister, J.

This was assumpsit in the County Court, by Reins against Crozier, to recover damages for an alleged hiring of Reins by Crozier, as engineer of the Dore Building for one year, and the wrongful discharge of the former by the latter before the year expired. There was a trial before the court and a jury, resulting in a verdict for plaintiff for $506.50, on which the court, overruling a motion for a new trial, gave judgment, and the defendant brings the case here by writ of error. The bill of exceptions purports to contain all the evidence, which we have carefully read from the record. It appears that plaintiff below never saw the defendant, or had any dealings or communications with or from him personally, of any description. The alleged contract of hiring was made with one Coe, if at all, and so the discharge was by him. The name of Crozier was never mentioned in these transactions, or in any negotiations. The only evidence as to Coe’s agency is to be found in the testimony of Horace A. Hurlburt, who testified that he had general control of all Crozier’s property here, and had general supervision of the building in question. That he never gave Mead & Coe, or either of them, any authority to employ an engineer, or any person, for a year. That he (witness) never had any authority from Crozier to employ an engineer, or anybody, for that length of time. That Mead