Hamilton Furniture Co. v. Brenard Mfg. Co.

The suit is on a series of promissory notes made by defendant to plaintiff. Pleas were in short by consent. The affirmative charge was given for plaintiff.

Defendant signed and submitted through plaintiff’s subagent a combined order and agency contract in writing, saying:

“Upon your approval of this order and agency contract, deliver to me at your earliest convenience, f. o. b. factory or distributing point, the articles mentioned below, in payment for which I herewith hand you my notes aggregating $328, which you are to cancel and return to me if agreement is not approved by you.”

The articles,…