Cotton Mills v. . Manufacturing Co.

The case was tried before Judge Johnston, upon consent of the parties, without a jury.

The evidence tends to show that the plaintiff and appealing defendant had entered into a contract, subsisting at the time of the alleged transactions, whereby defendant agreed to receive and sell as agent of the plaintiff all the cotton waste from plaintiff's mills. The waste was produced by the mills in large quantities, and was of various kinds, designated by technical or trade names. The defendant was to receive as compensation an agreed percentage of the sales price — in some instances 5%, and others 6%.…