No. 156—2270.

#### The Louisville, New Albany & Chicago Ry. Co. v. Robert M. Cherrie et al.

This is an appeal from a judgment for $748.43, obtained in the court below by appellees, Cherrie & Co., against appellant, for commissions claimed to have been earned in the purchase of railroad materials. There is no pretense that appellant, the defendant below, ever employed Cherrie & Co., the plaintiffs, to make *647any such purchases ; but the latter sought to establish their right of recovery, by showing that February 12, 1880, the Chicago & Indianapolis Air Line Bail way Company, through Henry Crawford as treasurer, entered into a special contract with them in writing,' by which that company agreed to pay plaintiff the commissions in question, and that subsequently, and before this suit, said last named railway pompany became consolidated with the appellant company, by reason whereof the latter company became, liable to pay said commissions to plaintiffs. The special contract was not declared upon, and there was no evidence under a quantum meruit. It was therefore necessary to support the finding of the court below (the case being tried without a jury), that evidence should have been adduced tending to show, either that said railway company had previously authorized said Crawford to make said special contract on its behalf, or that, with knowledge of all material facts, it had subsequently ratified his act in doing so. As the case is totally barren of evidence upon either a pre. vio us or subsisting authority, or subsequent ratification, the judgment is reversed.

J%dge below, Elliott Anthony.

Attorneys, for appellant, Mr. Geo. W. Easley and Mr. W. H. Low;

for appellees, Mr. Frederic Ullmann.

Opinion filed March 31, 1886.

Opinion by McAllister, J.