Boice-Perrine Co. v. Kelley

This is an action of contract to recover the price of two automobile tires sold by the plaintiff to the defendant. There is no question that a sale took place. The controversy concerns the authority of one Dogherty, a special agent of the plaintiff, to collect payment. The testimony of the treasurer of the plaintiff tended to show that in December, 1917, it received an order from Dogherty for two tires for $62.46 net by invoice in due form, that the tires were shipped by the plaintiff’s truck in ordinary course to the defendant and were receipted for by the defendant’s agent and bill was sent…