Samuels & Co. v. T. M. Gilmore & Co.

Opinion op the Court by

Judge Mtut/er.

Affirming.

T. M. Gilmore & Company brought this suit against W. B. Samuels & Company to recover commissions for selling 3,266 barrels of whiskey at fifty cents per barrel. The provisions of the contract and tbe several defenses interposed by W. B. Samuels & Company are set forth in detail in tbe opinion of this court delivered upon a former appeal, and may be found in 135 Ky. 706. Tbe answer presented four specific, affirmative defenses: (1) that the writing sued on was not the act and deed of the defendant company, and that it was not bound by the…