Carr v. Zellerbach Paper Co.

Defendant D. C. Hempstead was, during the years 1929-1930, the general office and credit manager of the Spokane branch of Zellerbach Paper Company, a corporation. October 23 (or 24), 1929, the corporation (which will herein be referred to as Zeller-bach) sold to plaintiff Marie Carr a bill of goods of the value of $26.74, cash on delivery.

Whether the goods were delivered to Mrs. Carr on October 25 or 26 is in dispute, but it is admitted that, at the time of delivery, she handed to the carrier her check, dated October 26,1929, drawn on Hillyard State Bank to the order of Zellerbach in the sum…