Rhodes v. Summerhill

Nelson, «T.,

delivered the opinion of the Court.

There was no error, on the part of the Chancellor, in dismissing complainant’s bill, but we do not concur in the reason assigned, in the decree, for his action. If the case rested- alone upon the authority of 'Wilkerson, as Summerhill’s agent, or bailee, to employ a sub-agent to sell the cotton in order to prevent its destruction, he was well justified in assuming such authority for the benefit of his principal. But it appears, from the pleadings and proofs, that Summerhill sent the twelve bales of cotton, in the first instance, to his…