Lochte v. Maggiore

This is a suit on a written contract by the principal to recover from his agent the sum of $200.90, alleged to he due for certain automobile tires delivered by the plaintiff to-'the defendant under the contract for the purpose of sale.

The defense is that the document sued upon is a contract of bailment, and that, as the automobile tires were destroyed in the defendant’s place of business by fire through no fault or negligence on his part, he is not liable.

There was judgment dismissing the suit, and the plaintiff has appealed.

The contract sued upon reads as follows:

“Contract and agreement…