Robert J. & R. Ritchie Co. v. Albion Manufacturing Co.

Citations

• 173 Pa. 447
• 34 A. 450
• 1896 Pa. LEXIS 728

Syllabus

<p>Principal and agent — Broker—Contract—Question for jury.</p> <p>In an action to recover damages for loss occasioned by defendant’s failure to deliver cotton yarn, a cotton broker testified that he was instructed in advance by defendant to sell cotton yarn at a certain price, on certain terms and to certain people, and that he sold the yarn to plaintiff in accordance with these instructions. He also testified that at the time the cotton was to be delivered, he obtained from plaintiff at defendant’s request an extension of time for the delivery of the goods. Defendant claimed that it had never accepted the offer of the broker, and that it was the custom of • brokers to consult with their representative before consummating a bargain. The case was submitted to the jury, and the verdict was rendered for plaintiff. Held, (1) that the verdict necessarily implied a finding either of antecedent authority in the broker to sell the yarn to plaintiff, or of subsequent approval of the sale by defendant, or possibly the finding of both facts; (2) that a judgment for plaintiff on the verdict would not be reversed.</p>