Nagle v. McNorton

Citations

• 65 Miss. 197

Syllabus

<p>Contract. Action for services rendered. Agency. Case in Judgment.</p> <p>N., a manufacturer agreed with M., to supply him with machinery at 30 per cent, discount from catalogue prices. M., in the course of business, would sell such machinery, seven-tenths of the purchase price payable to N., and three-tenths to himself, and N. would ship the machinery direct to the purchasers. Subsequently N. refused to ship a machine on such arrangement, and M. thereupon brought an action framed in the common counts for services rendered and work and labor performed in selling such machine. Held, that such action is not maintainable, M. not being the agent of N., his remedy is for breach of the special contract made by him with N. for the purchase of the machinery.</p>