Markstein Bros. v. J. A. White & Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; George R. Eaynie, Judge; 1. The authority of a drummer is to take orders and submit them to their employers for approval.
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Appeal from Nevada Circuit Court; George R. Eaynie, Judge; 1. The authority of a drummer is to take orders and submit them to their employers for approval. If he claims authority in excess of soliciting orders, he must prove it. 101 Ark. 68. Dreher, it is shown, had no authority to make the agreement with reference to the return of the goods; but, if he made such agreement, it was an unauthorized act which was never ratified by appellant. 64 Ark. 217; 105 Ark. 512; 76 Id. 472; 2 C. J. L. § 116. The finding of fact by the trial court that Dreher made the agreement is not a finding that the act…
1Opinion of the CourtSmiti-i, J.
This suit was brought to recover the purchase' price of eighty-six hats bought by appellees from appellants, amounting to $165.05. The order therefor was given by appellees to one Dreher, a traveling salesman for appellants. Appellees admit giving the order and receiving the hats, but defend upon the ground that the purchase was made upon the condition that a reasonable opportunity should be given to sell the hats and thereafter the unused hats might be returned and credit therefor given on the bill. There was testimony that it was the custom in Prescott, where appellees did business, to buy…
2Cases cited13 opinions
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- United States Bedding Co. v. AndesSupreme Court of Arkansas · 1912
- Lee v. Vaughan's Seed StoreSupreme Court of Arkansas · 1911
- Cage v. BlackSupreme Court of Arkansas · 1911
- Ward Furniture Manufacturing Co. v. IsbellSupreme Court of Arkansas · 1907
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3Cited by4 opinions
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- Ben F. Levis, Inc. v. CollinsSupreme Court of Arkansas · 1949
- Sillin v. Hessig-Ellis Drug CompanySupreme Court of Arkansas · 1930
- Steelcote Manufacturing Co. v. ByrnesSupreme Court of Arkansas · 1928