Pacific Coast Coal Co. v. Lindsay Cooperative Citrus Ass'n

In this action, the plaintiff seeks to hold the defendant as an acceptor of a bill of exchange. The defendant is engaged in conducting a packing-house for oranges and other citrus fruits at Lindsay, California. The plaintiff is engaged in the business of manufacturing and selling briquets or solid fuel for orchard heaters, and in the fall of 1925 one C. A. Bishop was its agent in the vicinity of Liudsay. At the same time, in the same vicinity, one J. W. Irwin, as the agent of the Phillips Orchard Heater Company, was selling orchard heaters designed to use solid fuel. Because of their common interest,, these two salesmen worked together in soliciting business, and occasionally each would take orders for the other, but without compensation. Late in October, 1925, as the two agents were passing the property of one Ivan Mclndoo, Irwin remarked that they could sell some heaters and fuel to him. Bishop replied that “we couldn’t accept Mr. Mclndoo ’s business without a packing-house order”. Later, Bishop went to Los Angeles, leaving with Irwin an order book on which he could take orders for briquets. Irwin secured an order from Mclndoo for heaters, and also one for a hundred tons of…