Ezersky v. Survis

CAYTON, Associate Judge.

This was a suit by a retail liquor dealer to recover from a salesman money paid on account of a purchase of fifty cases of Scotch whiskey which were never delivered. Defendant contended that he was acting in the transaction as agent for a disclosed principal.

In deciding for defendant the trial judge filed a written memorandum in which he found, among others, these facts: That defendant Survis, as plaintiff knew, was not a manufacturer or wholesaler but a solicitor, that he was acting for one J. Louis Frindell, trading as United Importing Company, and that it was to…