Sumrall v. Kitselman Bros.
Mississippi Supreme Court
Appeal from the circuit court of Jones county. Hon. Paul B. Johnson, Judge. Suit by Kitselman Bros, against B. F. Sumrall and others. From a judgment for plaintiff, defendants appeal. ' ■ This suit originated upon a demand made by the appellees against the appellants, Sumrall and Bush, on open account for two hundred, thirty-two dollars, and thirty cents; the claim being based upon certain articles of wire fencing.
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Appeal from the circuit court of Jones county. Hon. Paul B. Johnson, Judge. Suit by Kitselman Bros, against B. F. Sumrall and others. From a judgment for plaintiff, defendants appeal. ' ■ This suit originated upon a demand made by the appellees against the appellants, Sumrall and Bush, on open account for two hundred, thirty-two dollars, and thirty cents; the claim being based upon certain articles of wire fencing. The record shows that one Leslie, acting as soliciting agent for appellees, took an order for appellants for wire fencing, amounting to seventy dollars and sixty cents, with…
1Opinion of the Court
Whitfield, C.
On the case made by this record, two things are clear :■ First, that Leslie was the agent of appellees to solicit orders. Second, that he was not their agent to collect. On this latter proposition, see the following authorities: Cyc. vol. 13, p. 1358, notes 50 and 51; Id. p. 1368, par. D, and authorities cited under notes 24, 25, and 26.
The statement of Leslie that he \yas the agent, of course, has no probative value as establishing agency; and there is no other evidence in the record of any agency to collect on the part of Leslie. The result of these two facts is twofold: First.…
Also in this document: Per curiam.
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