Century Furniture Co. v. Bernhard's, Inc.

In an action to recover a judgment for goods sold and delivered by appellant to appellee, wherein the latter denied, among other things, a promise to pay for said goods, judgment was rendered for appellant for a small sum, from which judgment this appeal was taken.

The facts as disclosed by the evidence show that appellant’s salesman had written authority “to offer and sell” appellant’s goods. With respect to terms of sales, it was provided: “Any special terms or arrangements are to be referred to us [appellant] for approval.”

Appellee had no knowledge of the salesman’s authority with respect to terms, and when ordering the goods a written statement, signed by the salesman, was attached to the order, providing in effect, as explained by the witnesses, that the goods were delivered on consignment. This special agreement- was unknown to appellant until after the goods were delivered, the salesman having detached the special agreement from the order when he forwarded it to the factory.

Subsequently, the goods not being sold, appellee delivered the goods to a third person at the request of the salesman, denied liability, hence this action, which was tried to the court, a jury…