Zellner Mercantile Co. v. Parlin & Orendorff Plow Co.

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment against it for commission on the sale of machinery. The plaintiff was engaged in the retail mercantile business at Tonganoxie, and had a hardware and implement department. The *610defendant was engaged in the wholesale implement business. The plaintiff was the agent of the defendant- at Tonganoxie for the sale of the implements and machinery sold by the defendant, receiving as compensation commission on the sales made by the plaintiff for the defendant. In June or July, 1913, Mr. Gaston, an agent of the…