Petersime Incubator Co. v. Ferguson

The opinion of the court was delivered by

Smith, J.:

This was an action in replevin. Judgment was for defendant for damages on a cross petition. Plaintiff appeals.

Plaintiff manufactures and sells incubators. The home office of the company is at Gettysburg, Ohio. Defendants desired to engage in the business of conducting a chicken hatchery. A man by the name of Talbot was employed by plaintiff to sell its incubators. The extent of the authority given Talbot is the deciding factor in this case. All parties are agreed that Talbot sold three incubators to defendants for plaintiff. The purchase…