Pardridge v. Joel J. Bailey & Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Elliott Anthoky, Judge, presiding. This was an action of assumpsit by appellees against appellants to recover for a bill of goods sold to appellants by one Holmes, who was a traveling salesman in the employ of appellants.
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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthoky, Judge, presiding. This was an action of assumpsit by appellees against appellants to recover for a bill of goods sold to appellants by one Holmes, who was a traveling salesman in the employ of appellants. Holmes had in his possession the usual lines of samples of appellees’ stock, and the course of business was for Holmes to take orders for goods and send them in, and appellees filed them or not as they saw fit. He had no authority to collect for the firm. About August 1, 1883, appellees received from Holmes a statement…
1Opinion of the CourtMoran, J.
The agent of appellees had possession of the samples, and represented that he had authority to sell them. Appellants had no knowledge as to the authority of the agent, except from his representations that he had authority to sell at a certain price, and they purchased the goods at the price, and the agent delivered the goods to them, and they, in good faith and at his request, paid him for them. Where an agent is authorized to sell and is intrusted with the goods, he has an implied authority to receive payment. Story on Agency, Sec. 102; Capel v. Thornton, 3 Carr. & Payne, 352 ; Rice v.…
2Cases cited5 opinions
- Rice v. GroffmannSupreme Court of Missouri · 1874
- Noble v. NugentIllinois Supreme Court · 1878
- George D. Putnam & Co. v. French & MooreSupreme Court of Vermont · 1881
- Cochran v. ChitwoodIllinois Supreme Court · 1871
- United States Life Insurance v. Advance Co.Illinois Supreme Court · 1875
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- Vetesnik v. MagullAppellate Court of Illinois · 1931