101 Ala. 368 | Ala. | 1893
The decided weight of authority, indeed well nigh all the adjudged cases, support the proposition that a travelling salesman of merchandise, making sales by sample on a credit or for cash to be paid on receipt of the goods or the invoice of them, has no implied authority to collect the money agreed to be paid from the purchaser. — 2 Am. &Eng.Encyc. of Law, p. 355 and notes; Kane & Co. v. Barstow, 42 Kan. 465, s. c. 16 Amer. St. Rep. 490, and note 494; McKindly v. Dunham, 55 Wis. 515, s. c. 42 Am. Rep. 740; Kohn v. Washer, 64 Tex. 131, s. c. 53 Am Rep. 745; Butler v. Dorman, 68 Mo. 298, s. c. 30 Am. Rep. 795; Law v. Stokes, 90 Am. Dec. 655; Korneman v. Monaghan, 24 Mich. 36; Clark v. Smith, 88 Ill. 298; Higgins v. Moore, 34 N. Y. 417; Greenleaf v. Egan, 30 Minn. 316; Seiple v. Erwin, 30 Pa. St. 513.
The particular facts of the Maine case, relied on by
It is insisted, however, in this case that the payment was authorized and justified by a custom prevailing generally in the town of Geneva, where the contract of sale was made, the goods delivered subsequently, and the price paid, also subsequently, to the agent, for payments
Many of the rulings and instructions of the trial court are out of harmony with the law applicable to this case as we find it to be. We need not particularize them. The judgment must be reversed and the cause remanded; and if the evidence on another trial is the same we find in this record, it will be the duty of the court, upon request, to give the affirmative charge for the plaintiffs.
Reversed and remanded.