Franklin Sugar Refining Co. v. Kane Milling & Grocery Co.

Opinion by

Mr. Justice Kephabt,

The court helow, in sustaining the demurrer to plaintiff’s statement of claim, relied on Franklin Sugar Refining Co. v. Howell, 274 Pa. 190. It is not necessary to restate what was there so lately decided; we will here merely point out what to us seems a sufficient barrier to plaintiff’s right to recover.

Plaintiff avers in its statement that the J. H. Huston Co., Inc., was a merchandise broker, “duly authorized by defendant, to the knowledge of plaintiff, to make on behalf of defendant the contracts hereinafter referred to,” and “duly authorized by plaintiff, to…