Namquit Worsted Co. v. Whitman

Citations

• 221 F. 49
• 136 C.C.A. 575
• 1915 U.S. App. LEXIS 1287

Syllabus

<p>1. Principal and Agent <@=>183—Right of Action by Agent on Contract.</p> <p>Where the selling agents of all of the products of the A. Mills made a. contract of sale in their own names, on which they were entitled to their commissions, they could sue thereon in their own names, and the suit brought in their names covered the interests of both the agent and the principal.</p> <p>[Ed. Note.—For other cases, see Principal and Agent, Cent. Dig. §§ 691-700; Dec. Dig. <©=>183.]</p> <p>2. Frauds, Statute of <©=>106—Sales <©=>1—Sufficiency of Writing.</p> <p>A contract for the sale of “50,000 lbs. 3-grade white worsted yarn for delivery during Oct., Nov., and Dec., ’09, on following basis of prices: 2/32 on dresser spools 97c, 1/24 on bobbins 89e,” was not void for indeiiniteness or under the statute of frauds; it not appearing that there was any indefiniteness which ordinary trade did not require.</p> <p>[Ed. Note.—For other cases, see Frauds, Statute of, Cent. Dig. §§ 193, 210, 211; Dec. Dig. <©=>106; Sales, Cent. Dig. §§ 1, 3-5; Dec. Dig. <@=>1.]</p> <p>Bingham, Circuit Judge, dissenting.</p> <p>other cases se© same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>