New Home Sewing MacHine Co. v. Songer

This action was brought to recover the value of merchandise alleged to have been sold and delivered by plaintiff to defendants. The complaint alleges the sale and delivery of sewing machines of the agreed value of $1,360.90, demand on the part of plaintiff for payment, and the refusal of defendants to pay.

Defendants by their answer admit the demand for payment and allege that they gave the order for the sewing machines through the solicitation of one Johnson, an agent and representative of plaintiff, and that the same were sold on consignment under the “finance plan,” which it is alleged is a…