Segler v. City Council of Americus

Under the contract set out hereinabove, Tanner-Brice agreed to purchase, and Acme agreed to sell merchandise from an agreed list of articles at an agreed price, the exact articles not being specified except as “merchandise to be displayed” on Acme’s rack, loaned to and placed in the store. This rack was serviced at regular intervals, and the “merchandise to be displayed” was replaced or changed according to indications from sales made during the interval as to which articles were moving and which were not. The defendant was a truck driver for Acme, with instructions to make deliveries. His…