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Slack v. Tucker & C .

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eBook details

  • Title: Slack v. Tucker & C .
  • Author : United States Supreme Court
  • Release Date : January 01, 1874
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Mr. H. D. Hyde, in support of the judgment below: The judgment below should be affirmed. A corporation can only act through agents, and the defendants were the agents of the several corporations for selling their goods. That they were such agents appears from their course of dealing and from the admitted fact that 'there were separate agreements, either in writing or by parol, that the defendants should sell all the goods manufactured by each corporation for a fixed percentage on the amount of sales.' The ownership or prossession of the goods never passed from the several corporations to the defendants. The transactions of each corporation were kept on separate books; separate bills of the goods of each corporation when sold were rendered; all expenses of transportation were paid by the respective corporations; and all notes taken for the payment of goods sold were the property of each corporation, and were delivered to its treasurer. The defendants 'were known to be the agents of these corporations to sell their goods.' An action could have been maintained by or against the several corporations upon the contract of sale.


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