Beronio v. Everett-Johnson Lumber Co.

Action for damages for failure on the part of defendant to deliver a carload of lumber. Plaintiff had judgment for $562.50 and defendant appeals. Appellant urges several grounds for reversal. It is first contended that the alleged order of sale was taken by a soliciting agent of defendant subject to confirmation which was never had, and that such agent had no express or implied authority to make the sale. It is also urged that the parties never reached an agreement with respect to the terms of sale. Objection is also made that whatever agreement was entered into was violative of the statute…