Daves v. Lufkin

In 1928, Lufkin & Robinson entered Into a joint enterprise with C. H. Millsap of At-more, Ala., to grow potatoes fox- the market. Millsap furnished the seed potatoes as the equivalent of the fertilizer furnished by Lufkin & Robinson. For the additional contributions of Lufkin & Robinson in furnishing the land and labor to grow, gather and ship the product, they were to receive $1,750 out of the first proceeds.

At market time it was arranged for Millsap to do the marketing. Accordingly, hills of lading for six cars were made out to Millsap, as consignee, destination, Nashville, Tenn. He, in…