An agreement to that effect could be implied from the acts of the parties, since such an implied contract is a matter of inference and deduction. Indianapolis Coal Traction 6. Company v. Dalton (1909), 43 Ind. App. 330, 87 N.E. 552; A.J. Yawger Company et al. v. Joseph et al. (1915), 184 Ind. 228, 108 N.E. 774. Appellant further asserts error in that the trial court instructed the jury on the issue of agency.

This seems to be true whether the opinion of the expert is based on an actual examination or a hypothetical question. Railway Company v. Johnson, 49 S.W. 265; Railway Company v. Dalton, 56 Tex. Civ. App. 82, 120 S.W. 243; Railway Company v. Farris, 126 S.W. 1174. The sixth assignment of error, and others grouped in the brief with it, assert, in effect, that the court erred in permitting the plaintiff to prove by Mrs. Fox and other witnesses that she (Mrs.