Kinser v. Calumet Fire Clay Co.

Appellant contends that an agent of the plaintiff, engaged in selling its goods, is presumed to be authorized to sell the same, conditioned that the prices therefor shall be such that the buyer shall not lose anything on a contract he is undertaking.

There is no evidence that the plaintiff ever heard that its agent had so agreed, until this suit was begun, long after the sewer pipe had been sent, received, and put in the ground.

The defendant repeatedly promised to pay in full for the pipe, making no claim for indemnity against loss on his contract. ■

' An agent to sell is not authorized to make…