Kohn Bros. v. Washer & August

Citations

• 64 Tex. 131

Syllabus

<p>1. Authority of agents.— A commercial traveler sold his samples and converted the proceeds to his own use. In a suit by his principal against the vendee to recover the value of the samples, the court charged the jury that, if the sale of the samples was embraced within the real or apparent scope of the agent’s authority, his principal would be bound by the sale and could not recover. The evidence showed the extent of the agent’s authority was to exhibit the samples and solicit, receive and forward orders for merchandise. Held, the law announced by the court was correct, but as there was no evidence of usage enlarging the authority of a commercial agent, and as an agent authorized to sell on credit has no authority to collect the price in the name of his principal, the court below erred in its instruction so far as it related to apparent authority.</p>