143 Ky. 797 | Ky. Ct. App. | 1911
Opinion of the Couet by
Affirming.
This appeal involves a question mainly of fact. The law of the case is not difficult of solution. On February 6, 1906, the Acme Food Co. of Chicago, Illinois, sent two of its agents, Stetler and Reed, to Richmond, Kentucky, to sell its food. ' Colyer Bros, were engaged in running what was known as the “Country Store” in that city, and these agents, who were selling this food throughout the county desired to make a contract with some merchant in Richmond to receive the food in car load lots and distribute it to the smaller customers throughout the county and the adjoining counties of Estill and Jackson. As usual, according to appellants and about which there is not much contradiction, the agents induced appellants to believe there was a big profit coming to them with but little trouble and expense and scarcely no risk. The agents promised to see the merchants in the counties named and take their orders for the food and appellants were to distribute it in accordance with the orders. Eventually, on February 6th, appellants were induced to make an order to the Acme Food Co. for a car load of their food, specifying in their order the kinds and number of pounds wanted, amounting to $1,689.00. They signed this order and also a note for a like amount, due in one hundred and fifty days, to which was attached a guarantee of the food by the company with a perforated line between them. The things stated to appellants by the agents of the Acme Food Co. to induce them to enter into and execute these writings, were not stated therein. The agents told them at the time that it was not necessary, as the company would comply with every promise they, the agents, made; that they had always and would con
The lower court determined from the testimony that this second writing was executed in lieu of the first and dated back. We have examined the record with very great care upon this point, but it is needless to repeat and discuss the testimony with reference thereto. ■ It is sufficient to say that there is ás much testimony to support one theory as the other, and wé are not authorized to disturb the finding of the' lower court under such circumstances.
•. For these reasons,.the judgment.of .the lower, courtds affirmed. ■ ,- - v¡ .■ = ; ;..■.-/,