Massachusetts Supreme Judicial Court May 26, 1926 (See v. Downey)

Crosby, J.

After the decision in See v. Norris, 234 Mass. 345, in which it was held that the defendant in the case at bar had no authority as attorney to make the agreement on behalf of Norris, relied on by the plaintiff in that action, this suit was brought against Downey, wherein it is alleged in *49substance that he falsely represented that he had authority to make a certain oral agreement as