Reiter

Plaintiff brought this action to recover the purchase price of certain sewing-machines alleged to have been sold to defendants by plaintiff’s assignor, the Standard Sewing Machine Company. The evidence shows without dispute that the machines were ordered and received by defendants, and that they were not paid for. But defendants claimed and the trial court found that the machines had been shipped to defendants on consignment, under the terms of a written contract of agency which was later terminated by defendant and the machines stored subject to the company’s disposal; that therefore the transaction did not constitute a sale. Judgment was rendered accordingly in defendants’ favor, and plaintiff appealed.

The determination of the question as to whether the transaction constituted a sale or a consignment depends principally upon the legal construction which shall be placed upon the contract and the order for the goods given in pursuance of the contract. The essential portions of the contract, which is dated April 16, 1925, were as follows: "Whereas, Party of the Second Part (defendants herein) is desirous of obtaining the agency of Standard Sewing Machines in the following…