McGowan v. Lustig-Burgerhoff Co.

Opinion by

Linn, J.,

Plaintiff sued for damages resulting from defendant’s refusal to receive a car of tomatoes alleged to have been bought by defendant through a broker, Stanley, acting as defendant’s agent. When the tomatoes arrived at Scranton, defendant rejected them as not of the quality and condition purchased. Thé defense was two-fold: (1) that the defendant bought of Stanley as principal, and not of plaintiff through Stanley’s agency; (2) that in any event the sale memorandum signed by Stanley was insufficient to charge defendant under section 4 of the Sales Act of 1915 P. L. 543.

The…