Gellatly Fruit Co. v. Rothstein

Opinion by

Porter, J.,

The plaintiff company brought this action to recover the price of a carload of apples sold through its agent, Robert E. Lott a fruit broker, to the defendants. The purchase and receipt of the apples was not denied by the defendants, but they allege that they dealt with Lott as principal and owner, had no knowledge that he was acting as plaintiff’s agent, and asserted the right to set off a claim which they had against Lott, arising out of. earlier transactions in answer to the demand of the plaintiff company. It is well settled that if one deal bona fide with an agent, as…