Clark v. Shannon & Mott Co.

Weaver, J. —

1 The plaintiff’s agent went to the store of one Bartle & Susong to purchase a stock of goods belonging to the latter. The price was agreed upon, and Bartle & Susong executed and delivered a bill of sale of the goods to the plaintiff, and received $10 in part payment. After making this payment, the agent went out for the ostensible purpose of procuring the remainder of the price, leaving one Stivers in the store in some capacity to look after plaintiff’s interest. Just how much control Stivers exercised over the property, and whether there was a technical delivery of the goods, is…