American Sales Book Co. v. Cowdrey
Supreme Court of Arkansas
Appeal from Marion Circuit Court; ■ George W, Reed, Judge; A traveling salesman who sells from samples and does not deliver the goods in person is not authorized to collect the purchase price thereafter in the name of the company. 46 Ark. 210. When the appellant at the inception of the contract received a part payment on the order through a collection by the agent, it thereby clothed the agent with apparent authority to make collection therefor, especially in view of the…
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Appeal from Marion Circuit Court; ■ George W, Reed, Judge; A traveling salesman who sells from samples and does not deliver the goods in person is not authorized to collect the purchase price thereafter in the name of the company. 46 Ark. 210. When the appellant at the inception of the contract received a part payment on the order through a collection by the agent, it thereby clothed the agent with apparent authority to make collection therefor, especially in view of the fact that the agent in making the contract was virtually to make delivery by setting up the outfit-purchased, and show…
1Opinion of the CourtHart, J.
This action was begun by the American Sales Book Company against J. A. Cowdrey before a justice of the peace to recover $50 for a bill of goods. Judgment was rendered in favor of defendant, Cowdrey, and the plaintiff appealed. In the circuit court the case was tried by the court sitting as a jury, and the judgment was again in favor of defendant. The plaintiff has appealed to this court.
The facts are as follows: The plaintiff, American Sales Book Company, is a corporation engaged in business of selling recapitulators and their supplies in the State of New York, and the defendant, Cowdrey, is…
2Cases cited1 opinion
- Meyer, Bannerman & Co. v. Stone & Co.Supreme Court of Arkansas · 1885
3Cited by1 opinion
- Cascade Construction Co. v. PerrineSouth Dakota Supreme Court · 1969