Kohn Bros. v. Washer & August

Watts, J. Com. App.

Appellants employed Bex as a commercial traveler, to solicit orders for the merchandise in which they dealt as wholesale merchants, and, to facilitate the business and the better to enable him to secure orders, they furnished him with samples to be exhibited to dealers in soliciting their orders. Bex sold these *132samples to appellees, and converted the proceeds to his own use, and in this suit by appellants to recover of the appellees the value of the samples, on the ground that Bex had no authority to make the sale, the court in effect instructed the jury that if the sale of…