Whitehouse

P. M. Barger Lumber Co., a North Carolina Corporation, herein called Barger, brought this action against J. L. White-house, a citizen of Oregon, in the lumber business at Eugene, Ore., under the name Interstate Lumber Sales, and Interstate Lumber Sales, Inc., an Oregon corporation, both herein called Interstate, to recover damages for breach of warranty of quality of a carload of wood doors which Barger claims to have purchased from Interstate. Interstate successfully asserted that it did not sell the doors to Barger, but to one Ruth Meyer, a wholesale lumber dealer, who in turn sold to Barger. Barger, on the other hand, contended that Meyer, in ordering the doors- from Interstate, acted as a broker or agent for Barger, an undisclosed, or partially undisclosed principal, and that the result of this is that the sale was one made by Interstate to Barger. The principal finding was “that the doors were purchased from the defendant * * by Ruth Meyer in her capacity as an independent wholesale lumber dealer and not as an agent of the plaintiff.”

Barger was a wholesaler of millwork and other lumber prodrtcts at Statesville, N.C. It had previously done some business with Ruth Meyer who…