1 Wright 350
Decided August 15, 1883
Ohio Supreme Court · decided 1883-08-15
Assumpsit for goods sold; &c., money paid, and bad, and received. Plea, non assumpsit. The plaintiff read a receipt, signed by the defendant, for 25-J- kegs of tobacco, subject to the plaintiff’s order — of which seven kegs were endorsed as returned; and he proved that in an attempt at a settlement, it was agreed that the tobacco was limited by the plaintiff to ten or twelve and a half cents per lb.
Decided 1883-08-15
¶1to the jury. The tobacco was received by the defendant as .the plaintiff’s factor, and as such will not be liable until after demand and refusal. If the tobacco has been disposed of by plaintiff’s order, or exchanged into other articles yet on hand, the defendant is not liable. If he has sold and converted the articles into cash, he may be held liable in this action for the proceeds, deducting his commission and charges.
¶2Verdict and judgment for the defendant.