Bass Dry Goods Co. v. Granite City Manufacturing Co.

1. Where a partnership engaged in the manufacture of clothing and was closing out the business and had a lot of clothing in its warehouse,, and one of the partners, traveling as a salesman to sell the remnant of the stock, made a contract to sell a certain quantity of goods then on hand, the partnership was bound by the contract so made, although the other partners sold these goods to other purchasers before receiving the order of the first named partner, and although he sold the goods for less than their market value. Civil Code, § 2651.

2. Evidence as to conversations between the seller and…