Pohl v. Davenport Malt & Grain Co.

This action was brought by appellee against appellant to recover for the price of one hundred bushels of malt sold to him by appellee, through A. W. Schwone, its traveling salesman.

On the trial below, the court instructed the jury to find a verdict for the plaintiff (appellee), and to assess the damages at the full sum claimed.

The evidence is undisputed, that Schwone had full authority to make the sale, but had no authority to collect the money arising therefrom; that the sale was made on July 2, 1891, and the malt shipped by appellee directly to appellant; that appellant paid Schwone in full…