Sell v. General Electric Supply Corp.

Respondents are retail hardware dealers, in the city of Wausau. Defendant-appellant is a wholesale distributor of electrical household appliances, including a refrigerator sold under the trade name of “Plotpoint.” On March 17, 1937, R. W. Cooke, a salesman representative of the defendant, called upon the plaintiffs, who at that time were without a line of electric refrigerators in their store. After some negotiations, plaintiffs gave Cooke an order for five refrigerators at specified prices. This order was signed by Cooke. Pie testified the order was taken subject to approval by his superiors…