Magee v. Hargrove Motor Co.

A. T. Malicote was an automobile salesman of cars owned by the Hargrove Motor Company, working on a commission basis — being paid a percentage on each sale he made. He had not been given instructions as to what he was expected to do with respect to selling cars, as to when or where he was to take out cars; the matter of his use of cars for demonstration purposes, as to when and where he took them and whom he would permit to ride with him being left to his discretion.

On Sunday morning, September 23, 1928, an acquaintance of Malicote's suggested they go on a hunting trip, condi tioned upon…