Stewart v. Gilruth

Citations

• 8 S.D. 181
• 65 N.W. 1065
• 1896 S.D. LEXIS 4

Syllabus

<p>Where S., an employe in charge of a millinery store, had a small stock of millinery goods, which she proposed to sell to her employer at a certain fixed price, and which the evidence tended to prove he consented to take as they might be needed in the store — S. to keep an account of the same — and such goods were from time to time taken to the store, with the knowledge of the employer, and sold in the usual course of business, and the proceeds received hy him, hdd, in the absence of any proof of fraud or concealment on the part of S., she was entitled to recover the agreed price for such goods, although the employer had never examined the goods or formally accepted them.</p> <p>(Syllabus by the Court.</p>