De Laval Separator Co. v. Hildahl

Plaintiff appealed from an order denying its motion for a new trial.

Defendant was plaintiff’s agent at G-reenbush, Minnesota, operating under an agency sales contract wherein were printed these provisions :

“Unless otherwise specifically provided, all settlements shall be in cash, cash meaning Chicago exchange or its equivalent, or in other words funds payable at par in Chicago.

“Any credit or acknowledgment given the Agent for any check, bank draft or any other form of remittance shall be contingen t upon the actual collection thereof by the Company.”

On April 22, 1927, defendant filled out and…