General Ceramics Co. v. Schenley Products Co.

The plaintiff’s first cause of action was dismissed for failure of proof. One of the necessary items of proof held insufficiently established was that relating to the authority of defendant’s purchasing agent to make the contract pleaded in the first cause of action. The contract so asserted was an oral one for the manufacture and sale by plaintiff to defendant of 5,000,000 bottle stoppers.

Plaintiff attempted to prove the agent’s authority by reading a deposition of one of the defendant’s officers taken on an examination of defendant as an adverse party before trial.

Two issues are sought to…