Samuel Blatchford, Davis v. Patrick (122 U.S. 138…
“ If the testimony convinces you that the plaintiff's theory is correct, then you are justified in finding a verdict for the full amount claimed for these services, if they are according to contract price.' This was substantially an instruction to the jury that they might conclude, from the terms of the agreement, that the defendant was the company, and that, if they should conclude that the agreement made J. N. H. Patrick the agent of the defendant and not the agent of the company, in the management of the mine, then the defendant was liable to the plaintiff. ”
