United States Tire Co. v. Kirk

Citations

• 97 Kan. 531
• 159 P. 392
• 1916 Kan. LEXIS 340

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. General Sales Agent — Authority to Make Settlement by Accepting Return of Goods. On the facts stated in the opinion it is held there was sufficient evidence from which the jury might infer that a general sales agent had authority to make an agreement to accept a return of the goods and merchandise sold to a creditor of the principal in payment of the purchase price.</p> <p>2. Same- — Settlement Made — Constructive Delivery of Goods. The facts stated in the opinion are held sufficient to sustain a finding of a settlement between the plaintiff and the defendants, by the terms of which the plaintiff agreed to accept a return of the specific goods sold and give credit to the defendants’ account for the amount thereof, and that the settlement was executed by the constructive delivery of the goods to the plaintiff’s agent.</p>