Davis v. McClure

The opinion of the court was delivered by

Hopkins, J.:

This action involves the question whether an order for future delivery of merchandise taken by a traveling salesman was accepted by his principal.

Plaintiff sought to recover a balance due for merchandise sold and delivered. A defense that defendants were damaged because of failure of the plaintiffs to fulfill the orders for future delivery was allowed and plaintiffs appeal.

The plaintiffs are engaged in the wholesale grocery business at Joplin, Mo. Defendants operated a retail store at Lowell, Kan. The parties had a running account,…