Record owned a farm that was managed by his agent, berry, who lived on the farm. berry hired wagner to bale the hay and told him to bill record for this work. wagner did so and was paid by record. by the summer of the following year, the agency had been terminated by record, but berry remained in possession as tenant of the farm and nothing appeared changed. late in the summer, berry asked wagner to bale the hay as he had done the previous year and bill record for the work. he did so, but record refused to pay on the ground that berry was not then his agent. wagner sued him. decide. [record v. wagner, 128 a.2d 921 (n. h.)]