Kalis v. Henlein Brothers Co.

Defendant’s agent solicited the plaintiff for an order for a shirt, representing himself to be a salesman for defendant, a manufacturer of shirts.

Plaintiff gave color, style and measurements in ordering a shirt from the agent.

Upon request of the agent, plaintiff without inquiry of any kind paid to the agent the purchase price of $16 and the agent tendered a receipt therefor, upon the face of which the agent’s authority to collect was limited to 25 per cent of the purchase price.

The Municipal Court, without a jury, allowed recovery of the full purchase price from defendant, who had offered to…