Legal Opinion

Becker Co. v. Clardy

Mississippi Supreme Court

Decided October 15, 1909PublishedCited by 13 opinions

Feom; the circuit court of Oktibbeha county. TIon. John H. Mitchell, Judge. Clardy, appellee, was plaintiff'in the court below; the Becker Company, appellant, a corporation, was defendant there. From a judgment for $J00, predicated of a peremptory instruction, in plaintiff’s favor, the defendant appealed to the supreme court. The opinion of the court states the facts.

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Feom; the circuit court of Oktibbeha county. TIon. John H. Mitchell, Judge. Clardy, appellee, was plaintiff'in the court below; the Becker Company, appellant, a corporation, was defendant there. From a judgment for $J00, predicated of a peremptory instruction, in plaintiff’s favor, the defendant appealed to the supreme court. The opinion of the court states the facts. It is clear that Stanion bad no authority to make a binding •contract of sale, and when appellee took the first order from ■Stanion, vhich was sent to appellant for its approval, and by it rejected, the appellee knew.from this…

1Opinion of the CourtSmith, J.

Tbis is an appeal from a judgment in tbe court below awarding appellee damages for tbe failure of appellant to deliver a soda fountain alleged to have been purchased by appellee from appellant.

Becker Company is engaged in tbe manufacture and sale of soda fountains in tbe city of Chicago1, with a branch office in tbe city of Atlanta. J. E. Stanion is its traveling salesman, working on commission, with authority only to solicit orders and send same to bis principal for acceptance. (Hardy, ap-pellee, is a druggist, doing business in tbe town of Starkville. On or about tbe 20th day of March,…

2Cited by13 opinions

  1. Robert Gladney v. Paul Revere Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
  2. Houston Dairy, Inc. v. John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1981
  3. Deane v. Big Spring Distilling Co.Court of Appeals of Maryland · 1921
  4. Planters' Lumber Co. v. SibleyMississippi Supreme Court · 1922
  5. Ammons v. Wilson & Co.Mississippi Supreme Court · 1936

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