Singer v. Church
Court of Appeals for the D.C. Circuit
Hearing on appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action on contract.
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Hearing on appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action on contract. The Court in the opinion stated the facts as follows: The plaintiffs, Raymond L. Church and Glen M. Harvey, copartners, doing business under the name and style of R. L. Church & Company, appellees, were engaged in selling and shipping cabbage and other farm produce from Skaneateles, New York, to persons in this city and at other points at the time of the transaction out of which this controversy arose. One Ergood was their broker here. He sold a carload of “fancy cabbage”…
1Opinion of the CourtChief Justice Smyth
Plaintiffs say that Ergood was their broker in Washington. There is no evidence specifically defining his authority. He quoted prices on plaintiffs’ merchandise to defendant, solicited, received, and transmitted his order for the cabbage to the plaintiffs. The plaintiffs used him as a means of negotiating with the defendant and as an instrumentality for the transmission of messages from the defendant to them touching the matter. Since he was undoubtedly the plaintiffs’ agent to receive and transmit the order for the goods, we think he was also their agent to receive notice, if any was given,…
2Cases cited4 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Galigher v. JonesSupreme Court of the United States · 1889
- Henkel v. WelshMichigan Supreme Court · 1879
- Schlesinger v. Texas & St. Louis RailroadMissouri Court of Appeals · 1883