Aggeler, Morrison, Hansen Co. v. A. C. Dauphiny & Co.

Action for the value of certain goods, wares and merchandise alleged to have been sold and delivered by plaintiff to defendant. The cause was tried by a jury and plaintiff had the verdict for $336.30, on which judgment was entered. Defendant appeals from the judgment on bill of exceptions.

The defense on which defendant relies is set out in its answer and may be thus summarized: That about August 26, 1904, the United Breeders Company and plaintiff, through their agent, one Andrews, gave to defendant the exclusive agency for handling and selling an article called Baum’s Stock Pood in the city of Eureka, Humboldt county, and territory north of said city in said county, and “let the said defendant have one half carload of said Baum’s Stock Pood to sell,” and as inducement to defendant to handle said products said Andrews as such agent “agreed that he would move (i. e., find sale for) all of said half carload that said defendant would send for”; that relying on said promises and that “defendant should be the exclusive agent for the handling and selling of said Baum’s Stock Food (in the territory named), until all said merchandise in its possession was sold or removed,” and that said…