Chase & Co. v. Miller

Citations

• 81 Fla. 472
• 88 So. 312

Syllabus

<p>1. Where a declaration consists of the common counts for goods bargained and sold, and goods sold and delivered, and, concludes with an allegation that the defendant in considera- ' tion óf the premises promised to pay the said several sums of money on request, the burden is upon the plaintiff under the general issue to prove the sale and delivery of the goods or delivery from which a sale may be inferred and the price agreed upon for the goods or their value.</p> <p>2. Under the general issue upon the common counts for goods bargained and sold the defendant may show that the goods were delivered to him. upon consignment for sale as agent for the plaintiff.</p> <p>3. Where under the general issue upon the common counts for goods bargained and sold, or goods sold and delivered, the plaintiff relies upon a promise as to the prfce to be paid, made by a person supposed to be acting as agent for the defendant, the burden of proof is upon the plaintiff to prove the authority of such person to bind the defendant by a contract of sale at an agreed price.</p> <p>4. The declarations of a person supposed to be another’s representative or agent are not alone sufficient to prove his authority.</p> <p>5. Evidence examined and found insufficient to prove tile authority of a person as agent to bind the defendant by a contract of purchase at an agreed price for goods alleged to have been sold to the defendant by the plaintiff.</p>