Elmer F. Bagley Investment Co. v. Merrick

The opinion of the court was delivered by

Johnston, C. J.:

The action was one to recover the amount of a promissory note given in payment of an insurance premium for hail insurance on a crop of melons. Defendant Sherman in a cross petition sought to recover certain unpaid commissions. Plaintiff prevailed, and defendants appeal.

*735The facts are substantially these:

The defendant Sherman who had acted as plaintiff’s agent in other transactions, on inquiry was advised that plaintiff would write the insurance of $20 an acre at 12 per cent. On July 27, 1922, defendant Merrick executed a note for $264…