Legal Opinion

Lyles-Black Co. v. Alldredge

Alabama Court of Appeals

Decided June 16, 1914PublishedCited by 4 opinions

Appeal from Blount Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by the Lyles-Black Company against L. C. Alldredge. Judgment for defendant, and plaintiff appeals. There was no dispute as to any items of the counts or credits except the last payment of $250, which defendant claimed to have paid to the salesman of plaintiff; defendant contending that it was paid to Mays, the salesman, and no receipt taken.

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Appeal from Blount Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by the Lyles-Black Company against L. C. Alldredge. Judgment for defendant, and plaintiff appeals. There was no dispute as to any items of the counts or credits except the last payment of $250, which defendant claimed to have paid to the salesman of plaintiff; defendant contending that it was paid to Mays, the salesman, and no receipt taken. The other items seem to have been settled by checks or by notes and paid through the bank. The other facts sufficiently appear from the opinion. The payment to Mayes was not…

1Opinion of the CourtPelham, J.

It is settled in this state that a traveling salesman of merchandise making sales, or taking orders, by sample for future delivery and payment has no implied authority to collect from the purchaser the money agreed to be paid by him. — Simon & Son v. Johnson, 101 Ala. 368, 13 South. 491. In this case, not only was there no implied authority for the salesman to collect, but there was direct, undisputed evidence to the effect that the traveling salesman, Mays, was without authority to collect from purchasers to whom he sold goods or from whom he took orders for his principal, the appellant, who…

2Cases cited2 opinions

  1. Higgins v. . MooreNew York Court of Appeals · 1866
  2. Simon & Son v. JohnsonSupreme Court of Alabama · 1893

3Cited by4 opinions

  1. Halle v. BrooksSupreme Court of Alabama · 1923
  2. Aetna Casualty & Surety Co. v. Lindell Trust Co.Missouri Court of Appeals · 1961
  3. Lawrence Gas Co. v. Hawkeye Oil Co.Supreme Court of Iowa · 1917
  4. Barnes v. State Ex Rel. TateSupreme Court of Alabama · 1935

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