Westheimer v. Weisman

The opinion of the court was delivered by

McElroy, J.:

The plaintiffs in error, Ferdinand Westheimer & Sons, conduct a wholesale liquor .busi*76ness at St. Joseph, Mo. In 1893 an agent of plaintiffs in error, who resides in Missouri, came to Leavenworth, Kan., called on the defendant, solicited and secured an order from the defendant for a barrel of whisky, subject, however, to the approval of plaintiffs in error at their place of business. Thereafter the plaintiffs in error approved the order, selected the barrel of whisky from their stock, and delivered it on board the cars at St. Joseph,…