Denver Produce & Commission Co. v. R. C. Taylor & Co.

Citations

• 73 Miss. 702

Syllabus

<p>Contracts. Commission merchants. Consignment by one to another. Breach of contract. Right of action in owner.</p> <p>Where a commission merchant in this state collects vegetables from numerous growers, and ships the same, by carload lots, to a foreign commission merchant, for sale upon a contract for a division of commissions, and with the understanding that the proceeds, less commissions, shall be remitted direct to the producers, whose names and the number of crates owned by each appear in the manifest forwarded, and also by the markings on the crates, such shipper cannot maintain an action in his own name against the consignee, for damages resulting from delay in putting the vegetables in a particular car on the market, although the consignment was made in his own name, for, as between them, the enterprise was a joint one, and the contract was not made in the name of the shipper, either as principal or the representative of an undisclosed principal.</p>