Bernard

Action to recover money from the defendants under a contract executed by them.

In January, 1898, the defendants entered into a contract with the Braslan Seed Growers’ Company of Chicago, by which they appointed the latter their" selling agents for certain varieties of onion seed of the growth of the years 1896 and 1897. The Braslan Seed Growers’ Company was a partnership, of which Charles P. Braslan was a member and the one who conducted the negotiations with the defendant and others, and gave his attention to the matter of the contract. Prior to the commencement of the present action the partnership assigned the contract and its interest therein to the plaintiff, but for convenience the name of Braslan is used herein as the equivalent of the partnership or of the plaintiff. The contract enumerated several different species or descriptions of seed, and opposite each kind was placed a cost price, together with an estimated amount of the seed covered by the contract, and also a selling price therefor. By its terms Braslan was to use his best endeavors to sell the seed at the earliest opportunity, and at- as high a price as possible. Por that purpose he was to place men on the road…