Seiple v. Irwin
Supreme Court of Pennsylvania
Error, to the District Court of Philadelphia. This was an action of assumpsit by Seiple & Erdman against Irwin, Shultz & Peiper, to recover the amount of a bill of goods sold and delivered to the defendants. On the 13th November 1854, the defendants purchased in plaintiffs’ store, on the usual credit, a bill of goods amounting to $173.02. The bill was purchased from one John Wilson, a salesman in the plaintiff’s store, employed to sell goods on commission.
Read the full summary
Error, to the District Court of Philadelphia. This was an action of assumpsit by Seiple & Erdman against Irwin, Shultz & Peiper, to recover the amount of a bill of goods sold and delivered to the defendants. On the 13th November 1854, the defendants purchased in plaintiffs’ store, on the usual credit, a bill of goods amounting to $173.02. The bill was purchased from one John Wilson, a salesman in the plaintiff’s store, employed to sell goods on commission. On the 23d November 1854, the defendants paid the bill to Wilson, with a deduction of five per cent, for cash, and took his receipt for…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.
— The extent of the agent’s authority was properly submitted to the jury as a question of fact. The point drawn into dispute is the qualifying remark, that the defence would be incomplete, unless the jury found some delegation of authority from the plaintiffs to the agent other than that necessarily implied in authorizing him to make sales as a salesman. This is ground to be cautiously trodden. It is undeniable, that an agent to whom merchandise has been intrusted, with authority to sell and deliver it, is authorized to receive the price;…
2Cited by4 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- Langenheim v. Anschutz-Bradberry Co.Superior Court of Pennsylvania · 1896
- J. M. Robinson, Norton & Co. v. Corsicana Cotton FactoryCourt of Appeals of Kentucky · 1907
- SIOUX CITY NURSERY & SEED CO. v. MAGNUS.Colorado Court of Appeals · 1891