Canadian Fish Co. v. McShane

Calkins, C.

The plaintiff was a dealer in fish at Minneapolis, and the defendant a commission merchant in Lincoln. In February, 1902, the plaintiff’s manager, being in Lincoln, made an oral agreement with defendant to handle 'frozen fish. It is agreed that the fish were to be invoiced at certain stipulated prices; hut the defendant insists that they were to be consigned to him upon commission, he to have the difference between the invoice price and the amount for which' he should sell the same. - The plaintiff contends that the defendant agreed to purchase the same outright, and that it gave…