6 Watts 429 | Pa. | 1837
The opinion of the Court was delivered by
The evidence in this cause seems to show, that although the plaintiffs appeared to be purchasers on the face of the invoices and of the consignments to their correspondents, yet in truth, they were not so, but were merely factors to dispose of the manufactured goods on account of the defendants, and give them credit for the proceeds, the defendants remaining liable in account for balances that should remain due for yarn sold to them, or responsibilities incurred by the plaintiffs. Why such an arrangement was made, was a matter of dispute. The plaintiffs alleged, that it was a usual mode of transacting business, and called witnesses to prove instances in which goods were consigned by manufacturers to be sold on commission, and the same terms were employed. One of the plaintiffs’ witnesses, however, stated in his examination in chief, that ‘he always understood the shipments were made in that way, on account of the embarrassments of the
The other errors assigned, are not sustained. The answers of the court seem to be sufficient, and to be correct.
Judgment reversed, and a venire facias de novo awarded.