Delta Asbestos Co. v. Sanders

Defendants Wells and Sanders are brother and sister, and conducted a storage and trucking business under the name of Security Storage & Transfer Company, with Wells as active and managing partner. Wells, in the name of the company, signed an order for a liquid roof preservative, sold by plaintiff, and the product was billed to and received by the company. This suit was brought to recover the contract price of the product, was tried without a jury, and defendants had judgment.

The court found the matter was outside the scope of the company, and defendant Sanders, not having authorized or…