Herman Nelson Corp. v. Welty

Opinion by

Mr. Justice Drew,

Plaintiff, a corporation, engaged in the manufacture and sale of heating and ventilating equipment, seeks in this action of assumpsit to recover the purchase price of certain merchandise sold to defendants on two written contracts. Defendants admit that they received the goods, but set up in defense payment in full to plaintiff’s salesman, one Binkenberger. That such payment was made is not denied, but Binkenberger did not pay over the money, and plaintiff bases its right to maintain this action upon the ground that Binkenberger lacked authority to receive payment.…