American Agricultural Chemical Co. v. Lowery

GARDNER, Justice.

In January, 1924, defendant, Lowery, entered into a written contract with plaintiff for the sale of the Bigbee brands of fertilizer on commission and as agent of plaintiff, the goods to be treated as consigned to defendant, and the proceeds of all sales made to be by him kept separate from other funds and promptly remitted. The contract contained stipulations as to settlements, accounting, guaranty of payment of all accounts and notes representing proceeds of sales, storage, insurance, records to be kept, claims of third parties, prices and terms to be designated in writing…