Cantrell v. Claussen's Bakery

The opinion of the Court was delivered by

Mr. Chief Justice Blease.

The respondent, Cantrell, an employee of Taylor’s Bakery, was engaged in the business of selling products of his employer, bread, cakes, etc., and operated an automobile truck for the purpose of making sales and deliveries. The appellant, Emerson, was engaged in a similar service for his co-defendant, Claussen’s Bakery. Both bakeries sold bread to the store of Mr. Ott, which was placed upon a common rack in the store for display purposes.

The appellant, Emerson, on a certain day, discovered, as he claimed, that some of the…