Contract in Individual or Representative Capacity. In an action for the services of a quartette in singing at a funeral, evidence of one of the plaintiffs, that the defendant called at his house and informed him of the death of a woman who was a member of the defendant's household, and wished the services of the quartette at her funeral at a time and place named, and that the defendant told the witness that the woman left money and the defendant would be the administrator of her estate, will warrant a finding that the defendant, who was appointed such administrator, reasonably was understood to contract in his private capacity.
BY THE COURT.
The plaintiff's evidence warranted a finding that the defendant reasonably was understood to contract in his private capacity. Whether it warranted any other it is not necessary to consider. See Durkin v. Langley, 167 Mass. 577, 578.
Exceptions overruled.