O'NEIL v. Furr's, Inc.

OPINION

HENDLEY, Judge.

Plaintiff, O’Neil, a salesman, sold bakery products to defendant, Furr’s Inc. It was plaintiff’s obligation to keep the assigned shelf space in defendant’s grocery store replenished. Because there was no guarantee that plaintiff would be able to make delivery on short notice, it was to his advantage to keep a “backup” supply of bakery products at the store in addition to those on the display shelf. Defendant’s manager directed plaintiff to keep this “backup” supply on top of a walk-in cooler which was eight feet high. Other bakery salesmen also kept their “backup”…