Citizens' Union National Bank v. Thweatt

The Louisville Silo & Tank Company, through its salesman, obtained an order for a steel granary from appellee, J. Gr. Thweatt. This order was transmitted to the company’s office in Louisville, and there accepted. The granary sold appellee was shipped from Ohio, in a car consigned to the agent at Stuttgart, along with a number of other granaries for which the agent had taken orders. Each granary was separately packed, and each had the name and address of the purchaser stamped thereon. The shipments were made together to secure the advantage of car lot rates, but some of the granaries were…