Finance Co. v. Old Pittsburgh Coal Co.

This action was brought by plaintiff against defendant, both nonresident, corporations, and known to the trade as “producing companies,” to recover the value of certain coal which had been delivered to a “sales-agent,” that is: an agent selling on commission, and upon his order. The only question litigated before the jury resolved itself into two inquiries: First, is there a custom arising from usage existing in and peculiar to the coal trade, whereby one who is a sales-agent becomes in fact an agent with power to bind his principal in the purchase of coal from other dealers? If not, second,…