W. W. Bierce, Ltd. v. Davies

Citations

• 116 La. 1059
• 41 So. 314
• 1906 La. LEXIS 630

Syllabus

<p>1. Sales—Sale or Agency—Determination.</p> <p>The plaintiff agreed to sell materials to the defendant. Through a period of about a year the defendant sold the materials from time to time, and as he sold them they would be delivered by plaintiffs at the agreed price. The materials were all specified at the date of the sale.</p> <p>The delay feature of the negotiation between the parties, and the time that defendant took to place the orders did not have the effect of changing the negotiation from a sale to an agreement whereby defendant undertook to sell for plaintiff.</p> <p>The sale was absolute of all the property mentioned in the agreement between the parties.</p> <p>2. Same.</p> <p>Whether the materials were of the standard grade, or nonstandard, is something which does not seem to have been considered when the contract was agreed upon.</p> <p>(Syllabus by the Court.)</p>