Livestock Producers Ass'n v. Colomb

GULOTTA, Judge.

Plaintiff appeals from the dismissal of its open account suit for the price of cattle allegedly sold and delivered to defendant. We affirm.

The arrangement was that defendant, a livestock dealer, purchased cattle from plaintiff indirectly through a “commission man” or “order buyer” employed to make purchases for him. The invoices bear the names of both the order buyer and Harvey Colomb, the actual purchaser. After the sale had been made, arrangements for delivery of the cattle were made by the purchaser.

Although several sales had been made between the parties without dispute,…