Aikins v. Thackara Mfg. Co.

Citations

• 15 Pa. Super. 250
• 1900 Pa. Super. LEXIS 334

Syllabus

<p>Commissions clue salesman — Duty in making sales — Parol contract— Question for jury.</p> <p>It is the duty of a salesman selling goods on commission in making sales to select responsible parties to whom consignment of goods safely can be made, and his employers cannot be held liable to pay commissions on sales made to irresponsible or insolvent parties.</p> <p>It being admitted that orders upon which commissions are claimed were all approved by the principal, the plaintiff has no concern with either the refusal of the vendee to accept or the neglect of the.vendor to deliver, nor with questions arising as to the quality, etc., of the goods. The question whether the commissions were due on the acceptance of the order or the delivery of the goods, the contract between the principal and agent being by parol, is for the jury.</p> <p>An arbitrary refusal to deliver cannot postpone the right to demand commissions even if payable only on delivery of the goods.</p>