Lauer Brewing Co. v. Schmidt
Superior Court of Pennsylvania
Appeal, No. 81, Oct. T., 1903, by plaintiff, from judgment of C. P. Schuylkill Co., Nov. T., 1901, No. 75, on verdict for defendant in case of Lauer Brewing Company, Limited, v. Christian Schmidt. Assumpsit for balance alleged to be due on a contract. Before Bechtel, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 81, Oct. T., 1903, by plaintiff, from judgment of C. P. Schuylkill Co., Nov. T., 1901, No. 75, on verdict for defendant in case of Lauer Brewing Company, Limited, v. Christian Schmidt. Assumpsit for balance alleged to be due on a contract. Before Bechtel, P. J. The facts are stated in the opinion of the Superior Court. At the trial when Constantine Metz, a witness for defendant, was on the stand, he was asked this question: Q. Go on and tell us what arrangement was made between Mr. Killian and Mr. Schmidt on or about August 15, 1899, about Mr. Schmidt taking charge of the business…
1Opinion of the Court
Opinion by
Smith, J;,
The plaintiff, a brewing company, established what it describes as “ agencies ” for the sale of its products. As thus employed, however, the words “ agency ” and “ agent ” must be regarded as in the nature of trade names. The person conducting the so-called'agency was in no sensé an agent. He was in fact a purchaser at wholesale, buying at a stipulated price, and selling not for the manufacturer but for himself. In *401the conduct of his business he was wholly independent of the manufacturer, was without authority to bind him in any manner, and without responsibility to him…
2Cases cited3 opinions
- Central Pennsylvania Telephone & Supply Co. v. ThompsonSupreme Court of Pennsylvania · 1886
- Adams Express Co. v. SchlessingerSupreme Court of Pennsylvania · 1874
- American Life Insurance & Trust Co. v. ShultzSupreme Court of Pennsylvania · 1876
3Cited by15 opinions
- Waldron v. Aetna Casualty & Surety Co.Court of Appeals for the Third Circuit · 1944
- O'Donnell v. Union Paving Co.Superior Court of Pennsylvania · 1935
- Dodge v. WilliamsSuperior Court of Pennsylvania · 1911
- Herbert v. LanghoffSupreme Court of Louisiana · 1936
- La France Workshop Lampshade Co. v. Buffalo InsuranceSupreme Court of Pennsylvania · 1935
10 more not listed; retrieve them via the Exa API.