Morgan v. Logan & Sons Co.

Citations

• 77 Pa. Super. 73
• 1921 Pa. Super. LEXIS 210

Syllabus

<p>Sales — Agency—Sales to agent — Payment—Authority of agent to receive payment — Case for jury.</p> <p>In an action of assumpsit to recover tbe price of a carload of lumber, sold and delivered to the defendant, the defense advanced was thát the defendant denied having bought the lumber from the plaintiff, and averred it had purchased it from a third party and paid for it in full. The plaintiff produced testimony that the third party was merely his agent to sell, without authority to collect, and that the previous dealings between the parties, as well as the manner in which the lumber was shipped and the bill of lading made out, were sufficient to put the defendant on notice of this fact. Under such circumstances, an issue of fact was raised which had to be submitted to the jury, and a request for binding instructions in favor of the defendant was properly refused.</p>