Williamson v. Atlas Powder Co.

Martin, J.:

The plaintiff, a broker, made a sale in the year 1916 for the defendant corporation of 525 tons of mixed acid to Marden, Orth & Hastings; deliveries to be made over a period of one year ending *69in January, 1917. Harden, Orth & Hastings accepted a portion only of the deliveries contemplated. In January, 1917, Mr. Backus, general sales agent of the defendant, called upon the plaintiff and discussed an adjustment of the liability under the contract with Harden, Orth & Hastings.

At the suggestion of plaintiff a conference was held with Mr. Orth, one of the buyers, at which it was…