Wiesen & Co. v. American Railway Express Co.

Opinion by

Keller, J.,

On or about May 8, 1924, a man called at plaintiff’s place of business in Philadelphia, and representing himself to be the agent of S. Marks, of Toledo, Ohio, purchased sixty dresses of the value of $4.75 each, “with the understanding that if they did not meet the approval of Mr. S. Marks personally, himself, they would be returned.”

They were delivered to the defendant for shipment, under the terms and conditions of the uniform express receipt, consigned to S. Marks, Toledo, Ohio.

Plaintiff brought this action in trespass, alleging defendant’s failure to deliver the goods…