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2 D.C. 458

Davis v. Robb

Decided April 15, 1824

<p>If the agency be special, the plaintiff must show the transaction to be within the scope of the agency.</p> <p>The declarations of the agent in support of his authority, will not ho received in evidence, unless cotemporaneous with, and constituting part of, the res gestee.</p>

Decided 1824-04-15

The Court (Thruston, J., contrd,)

¶1refused to permit them to be given in evidence, unless they were cotemporaneous with the giving of the note, and part of the res gestas.

¶2Verdict for the plaintiff.

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