Arbuckle Bros. v. Gates & Brown
Supreme Court of Virginia
Appeal from a decree of the Chancery Court of the city of Richmond, pronounced March 8, 1897, in the chancery suit of •Kingan & Co. v. Boudar, trustee, and, others, in which appellants filed their petition, to which petition the appellees, Gates & Brown, and Boudar, trustee, were made defendants. The principal suit was brought for the purpose of having administered under the direction of the court the trust created by a deed from Gates & Brown to Boudar, trustee.
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Appeal from a decree of the Chancery Court of the city of Richmond, pronounced March 8, 1897, in the chancery suit of •Kingan & Co. v. Boudar, trustee, and, others, in which appellants filed their petition, to which petition the appellees, Gates & Brown, and Boudar, trustee, were made defendants. The principal suit was brought for the purpose of having administered under the direction of the court the trust created by a deed from Gates & Brown to Boudar, trustee. The appellants claimed that Gates & Brown were then* factors for the sale of coffee, and that at the time Gates & Brown made their…
1Opinion of the CourtRiely, J.
The correct determination of this case depends mainly upon the construction that must be given to the agreement in writing of February 1, 1895, between Arbuckle Brothers and Gates & Brown. Did it create a mere agency in Gates & Brown for the sale of their coffee, or did it constitute a sale of the coffee to them? The solution of this question is to' be arrived at from a close scrutiny of all the provisions of the agreement, and the consideration of them as a whole.
The agreement purports, on its face, to be a “Special Selling Factor Appointment,” and to constitute Gates & Brown the factors of…
2Cases cited14 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Heryford v. DavisSupreme Court of the United States · 1880
- Chickering v. BastressIllinois Supreme Court · 1889
- Chapman v. ChapmanSupreme Court of Virginia · 1895
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
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3Cited by26 opinions
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- Corbett v. RiddleCourt of Appeals for the Fourth Circuit · 1913
- D. M. Ferry & Co. v. HallSupreme Court of Alabama · 1914
- Fischer v. LeeSupreme Court of Virginia · 1900
- Bolling v. Hawthorne Coal & Coke Co.Supreme Court of Virginia · 1955
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