Kemper-Thomas Co. v. Deitz
Michigan Supreme Court
Error to Washtenaw; Sample, J. Assumpsit by The Kemper-Thomas Company against Oswald Deitz and another, copartners as O. Deitz & Son, for goods sold and delivered. Judgment for defendants on a directed verdict. Plaintiff brings error.
1Opinion of the CourtSteere, J.
On January 19, 1916, plaintiff’s traveling salesman solicited a “Christmas goods” order *85from defendants for their next ensuing Christmas trade. After examination of his samples an order was given for 1,000 “frame purses,” style 3551, amounting to $130. A form of order furnished by plaintiff’s salesman was then filled out by him and signed “O. Deitz & Son,” by defendant Oswald Deitz, who was given a copy. This order was also apparently signed by plaintiff, through P. O. Camburn, “Salesman No. 102” and read in part as follows:
“How to ship: Freight (on or about) Dec. 1st, * * * F. O. B. cars our…
2Cases cited8 opinions
- Allen v. McKibbinMichigan Supreme Court · 1858
- Kerstetter v. RaymondIndiana Supreme Court · 1858
- Mee v. . McNiderNew York Court of Appeals · 1888
- Templeton v. Equitable Manufacturing Co.Supreme Court of Arkansas · 1906
- Begole v. McKenzieMichigan Supreme Court · 1873
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3Cited by1 opinion
- Donner v. Associated Lace Corp.Appellate Division of the Supreme Court of the State of New York · 1951