Warren Webster & Co. v. Zac Smith Stationery Co.

GARDNER, J,

The plaintiff sued to recover on common counts for goods sold to defendant, consisting largely of a surveying outfit. The purchase was made by W. H. Monahan, Jr., representing defendant in Birmingham, referred to as “District Manager,” his territory embracing the entire state with exception of the counties of Mobile and Baldwin. The order for the goods was on defendant’s letterhead bearing the name of defendant company with W. H. Monahan, Jr., “District Manager,” and was delivered in person by Monahan to plaintiff at its place of business. Plaintiff’s evidence tended to show that…