Gardner Extract Co. v. Nevshehir

The Gardner Extract Company, .Inc., hereafter called the vendor, entered into a contract in writing with Humphreys, Percival, Ellis & Co., hereafter called the vendees, under which the vendor sold 6,000 casks of chestnut wood extract, f.'O. b. steamer New York. The sales contract was negotiated with Nevshehir, hereafter called the plaintiff, and he was to receive five per cent, commissions as brokerage for making the sale, without qualification, according to his testimony. On the other hand, the evidence introduced by the vendor shows that the contract with the plaintiff was made with W. H.…