Smith Bros. & Co. v. DeLeon
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rig]dor, J. 1. A party to whom goods are sold will be held as principal debtor. 2. The fact of his assumption of a commission for the vendor in an incidental employment-to buy a certain product will not affect his standing or the nature of his responsibility. Ewell’s Evans on Agency, pp. 7-8. 3. New issues cannot be made by subsequent or supplemental answer introducing an inconsistent defense.
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APPEAL from the Civil District Court for the Parish of Orleans. Rig]dor, J. 1. A party to whom goods are sold will be held as principal debtor. 2. The fact of his assumption of a commission for the vendor in an incidental employment-to buy a certain product will not affect his standing or the nature of his responsibility. Ewell’s Evans on Agency, pp. 7-8. 3. New issues cannot be made by subsequent or supplemental answer introducing an inconsistent defense. Cross on Pleading, 67. A party will not be permitted to shift his defence at will- Bender vs. Belknap, 23 Ann. p. 763-4, and cases cited.…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Fenner, J.
This suit is upon a balance of account for goods, wares and merchandise alleged to have been sold and delivered by plaintiffs to defendant, and for advances made to him, and is accompanied by an attachment of defendant’s property.
The defense is substantially a denial that defendant purchased goods from plaintiffs, and a claim that the relation between them was simply that of principal and agent, under which defendant, a resident of Central America, solicited orders for goods from dealers in that country and transmitted them to plaiutiffs,…
2Cited by1 opinion
- Robinson v. ThomsonSupreme Court of Louisiana · 1947