Textile Supplies, Inc. v. Charles Garrett, D/B/A Carpet Center

ALVIN B. RUBIN, Circuit Judge:

In this bench-trial diversity case a wholesaler seeks to recover from a retailer for carpets sold on open account and for other carpets received but not paid for by the retailer. Although the retailer admitted owing “somebody” about $10,000 even after deducting all expenses, he was found to owe nothing, and the receipt of monies by the wholesaler’s salesman, who was found to lack either actual or apparent authority, was held to constitute payment to the wholesaler. Concluding that the district court (1) made a clearly erroneous finding of fact as to one of the…