Hampton Cotton Mills v. Hershfeld

At the times in question plaintiff operated a mill in Hampton, Ga. Barnes, McGee & McCarthy were sales agents in New York city specializing in underwear and as such sold plaintiff’s merchandise. On September 29, 1919, McCarthy obtained-from the defendant an order for 100 cases of ladies’ fall underwear, which he (defendant) wrote out in duplicate on one of his forms, using a carbon sheet for the purpose. McCarthy was present while this was being done. The defendant retained one and delivered the carbon copy to the said agent. Both orders were received in evidence. Plaintiff’s Exhibit 1 was…