Bailey-Ball-Pumphrey Co. v. German

Plaintiff is a cotton factor in Memphis, Tennessee, and brought this suit to recover an advancement and expenses on cotton consigned to it by defendant. Defendant filed a counterclaim for damages for failure of plaintiff to sell the cotton as directed. Trial by jury and verdict against plaintiff on its cause of action and in favor of defendant on his counterclaim for $750. Plaintiff appealed.

Defendant is a farmer in Pemiscot County and on January 12, 1920, a solicitor of plaintiff induced him to ship ten bales of cotton to plaintiff at Memphis, Tenn., to be sold on commission. Plaintiff…