Curry v. Stewart

Opinion op the Court by

Stanley, Commissioner

Affirming-.

The receiver of the Engine Coal Company, an Alabama corporation, which operated a mine in Bell County, Ky., sued’ D. D. Stewart and J. S. Stewart, a partnership, doing business under the name of Kentucky Home Coal Company, alleging they had been its sales agents upon commission and had made secret profits which they had withheld from their principal. An accounting and judgment for a large sum of money were prayed. Judgment was rendered for the defendants.

The plaintiff alleged that the parties operated under an oral contract of agency from…