Lafferty v. Lorimer

Defendants made the following agreement with plaintiff:

“We agree to pay G. Lafferty twenty cents per ton in coal for all orders taken and delivered at our office, said coal to be delivered as ordered.

“Robert Lorimer & Co.”

The date of this agreement is not given. We presume it was made about September 1, 1889, when defendants gave plaintiff a writing authorizing him to take orders for coal.

Plaintiff brought orders to the defendants for 1,744|-tons. Of this amount only 739 tons were delivered. Plaintiff-brings, suit-to recover $348.85, being the commission on all the orders taken by plaintiff.…