J. I. Case Plow Works v. Thorne

Citations

• 102 Kan. 849
• 172 P. 38
• 1918 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale op Plow — Proposition by Correspondence — No Acceptance■ — No Contract — Authority of Plaintiff’s Salesman. After appointing defendant its local dealer to sell its plows, plaintiff wrote him proposing to ship him a certain plow it had previously sold in his territory through its traveling salesman and to charge him the wholesale price, with directions that upon delivering the plow he should make settlement in his favor with the purchaser and take the latter’s notes, which would leave him a small profit. The letter concluded with the statement; “and unless we hear from you to the contrary, will proceed as above.” The defendant made no reply to the letter, and • plaintiff shipped him the plow and charged his account with the price. Before the plow was delivered, defendant notified the traveling salesman that he would have nothing to do with the transaction, but agreed at the request of the salesman to receipt for the plow and turn it over to the purchaser, which he did. In an action against the dealer to recover the purchaser price, held, that the evidence Was sufficient to sustain a finding of apparent authority in the traveling salesman to make the arrangement carried out, and that the contract • sued upon never became effective, because there was no acceptance of the proposition for the purpose stated in the letter.</p>