73 Iowa 477 | Iowa | 1887
“ Des Moines, Ia., July 1, 1885.
“ D. E. Fyoek & Co., Perry, Iowa, bought of S. H. Hess, 224 and 226 Second St.
“ Book 4. Terms,-. Shipped,-. Salesman,-.
“ 4|- Gal. alcohol, 2.25, .... 10.99
“ Please remit the. above amount to Hurlburt, Hess & Co., which will be honored by Tours very truly, etc.,
“ S. H. Hess.”
We find no evidence in the case that the use of the names of Hess and Mitchell were adopted as a cover for the sale of intoxicating liquors by the plaintiff. It is true, the plaintiff turned over the orders for liquors to Hess aud Mitchell, but there is no evidence that plaintiff had any interest therein,
The judgment will be reversed, and the cause remanded for a new trial.
Reversed.