Weir Plow Co. v. Walmsley

Appellant bases its action upon a written contract.

Although signed by appellant and the appellees, Walmsley and Carithers, the contract upon its face shows that the real contracting parties were appellant and Walmsley.

The terms of the contract, so far as they need to be here set out, are, that appellant agreed to “ manufacture and furnish” farming implements to Walmsley, to be sold by him on commission, the kind of implements, the price of the same, and the commission to be allowed to Walmsley being stated. “ Said goods to be delivered on board cars at Indianapolis, *244■on or about, when…