J. E. Knight v. Ed Hicks

MOTION FOR REHEARING In his motion for rehearing, appellant contends that the jury's finding that Hicks was the procuring cause of the sale by Knight to Joe Bob Johnson must be predicated on a conclusion that Herschel Johnson was acting as agent for Joe Bob Johnson in conducting the negotiations in question and that such a conclusion in turn would necessarily be based solely on statements which appellee testified Herschel Johnson made to him concerning Herschel's purpose in looking for the land. In this connection, appellant cites the rule that mere declarations of an alleged agent, standing alone, are incompetent to establish either the existence of the alleged agency or the scope and extent of the alleged agent's authority. This principle is fundamental and well established. Latham v. Pledger, 11 Tex. 439, 446 (1854); Empire Gas & Fuel Co. v. Muegge, 135 Tex. 520, 143 S.W.2d 763, 769 (1940). However, that principle does not apply to the facts of the case before us.