Vanleigh Carpet Corp. v. Gene Schoor's Iron Forge

The somewhat unusual facts of this

case confront this court with the troublesome problem of determining which of two parties, both innocent of any purposeful wrongdoing, should bear the burden of a loss caused by the dishonesty of one who is not before the court and is not likely to be responsive to the remedies of civil action.

The plaintiff is a corporation engaged in the sale of furniture, furnishings and carpetings. The defendant is a restaurant.

Sometime before the events in issue here, the defendant’s principal, Gene Schoor, met and became friendly with one Eobert De Quintal, a salesman…