Legal Opinion

Hibbard v. Stein

Oregon Supreme Court

Decided November 28, 1904PublishedCited by 1 opinion

From Multnomah: Alfred F. Sears, Jr., Judge. Statement by. Mr. Justice Wolverton. This is an action by Hibbard, Spencer, Bartlett & Co. against Phillip Stein to recover possession of cei'tain personal property intrusted to one Joe Diener as samples for use while engaged as a traveling salesman for the plaintiff.

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From Multnomah: Alfred F. Sears, Jr., Judge. Statement by. Mr. Justice Wolverton. This is an action by Hibbard, Spencer, Bartlett & Co. against Phillip Stein to recover possession of cei'tain personal property intrusted to one Joe Diener as samples for use while engaged as a traveling salesman for the plaintiff. Diener sold the goods to defendant, and plaintiff claims that he did so without its authority; hence no title passed by the transaction, and that plaintiff is still the owner and entitled to the possession. Plaintiff being successful in the trial court, defendant appeals.

1Opinion of the CourtJustice Wolverton

But a single question is presented for our determination, which is whether Diener was authorized by the plaintiff, *508under his contract of employment, to sell the samples, and this depends for its solution upon a proper interpretation of the contract. The trial court was of the opinion that the contract did not confer the requisite authority. It permitted evidence to go to the jury, pro and con, touching the alleged existence of a general custom among dealers and their salesmen, whereby the right of salesmen to dispose of their samples at will is recognized, and upon which an implied authority…

2Cases cited2 opinions

  1. Kohn Bros. v. Washer & AugustTexas Supreme Court · 1885
  2. Savage v. PeltonColorado Court of Appeals · 1891

3Cited by1 opinion

  1. Feingold v. SupovitzSupreme Judicial Court of Maine · 1918

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