Kelly v. Tracy & Avery Co.

Citations

• 71 Ohio St. (N.S.) 220

Syllabus

<p>Authority to purchase goods — As agent for another — Not to he' implied from special authority to sell, when — Chattel mortgage given hy vendee to vendor to secure purchase notes— Mortgage to cover additional goods bought hy vendee — Mortgagor retains possession of goods and is made agent of mortgagee — Mortgagee sells notes to third party — A merchant sells goods to vendee — And loots to transferee of mortgage notes-as principal of mortgagor — Law of sales — Law of agency — • Chattel mortgages.</p> <p>1. Authority to purchase goods as agent for another and on his credit, cannot be implied from special authority given such agent to sell goods and devote the proceeds to a particular purpose.</p> <p>2. On the eleventh day of January, 1899, H, being the owner of' a retail grocery, sold the same with its fixtures to S for an agreed price, part of which was then paid, and to secure-promissory notes for the deferred payments, S executed and delivered to H a chattel mortgage on the same stock and fixtures, which mortgage provides: “It is hereby understood that the mortgage is to include and cover all other goods, wares and merchandise which may be purchased and placed in said store building in place and stead of any portion of the said above mentioned goods, wares and merchandise now located in said store building.”</p> <p>The mortgage further provides: “It is expressly agreed by and. between the grantor (S, the mortgagor), and the grantee, (H, the mortgagee), that the above described property is. now by these presents, delivered by the grantor (mortgagor), to the said grantee (mortgagee), the same to remain in the-possession and under the control of said grantee as hereinafter provided.</p> <p>“It is further agreed by and between said grantor and said grantee, that the said grantor (mortgagor) is by these-presents placed in possession of said property, goods and chattels, as the agent of said grantee (mortgagee), such, possession to be the possession of said grantee. T