General Baking Co. v. Soles

The Chancellor:

In the present showing it cannot be, and is not in fact, seriously questioned that the defendant is engaged in the business of selling bakery products for himself as proprietor of the business. He buys his supplies from Dalton’s Bakery which is in the wholesale as well as retail business. What he buys from Dalton’s Bakery he pays for, and if he should fail to market all his purchases, the loss is his. He is not an agent for Dalton’s Bakery, nor in any sense an employee for that concern.

The question then is whether the act of the defendant *345in going in business for himself and in…