Golden v. T. A. Shaw & Co.

Headnote

Contract — sale ■— principal and agent •— action to recover for breach of contract of sale ■— defense that defendant executed contract as agent.

Golden v. Shaw & Co., 212 App. Div. 872 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover damages for breach of an alleged contract by defendant to sell and deliver to the

plaintiff certain merchandise. At the time of the making of the contract, the defendant’s vice-president delivered to the plaintiff one of the defendant’s sales notes signed with the defendant’s name “ T. A. Shaw & Co.,” without qualification. This sales note bore the phrase “ Sold for Account of Woolknit Mills, Eureka, California.” The defendant which is being sued as principal, contends that it made the contract as an agent, and that the presence of the phrase above quoted in the sales note which it delivered to the plaintiff constituted an absolute notice to the plaintiff that it was acting as an agent.