Johnson v. Curlee Clothing Co.

Opinion by

ESTES, C.

Parties will be referred to as they appeared in the trial court, inverse to their order here. Plaintiff clothing company claimed to have sold in the fall of 1918, 34 suits of men’s clotnes to defendant unconditionally, using its usual order form, shipping same in January, 1919, to defendant at Cherokee. In February, defendant sold his store, not including these goods. Soon after the sale, defendant, by clerk and drayman, sent part of the goods to the local railroad depot. In April, some of the goods were forwarded to plaintiff at St. Louis, and in June one box, containing…