4 Whart. 526
Decided May 8, 1839
Supreme Court of Pennsylvania · decided 1839-05-08
IN ERROR. Error to the District Court for the City and County of Philadelphia. This was án action of assumpsit, brought by Patrick M'Bride, who was a manufacturer of domestic goods, against Samuel Comly, to whom, as he alleged,' he had consigned certain cases of such goods for sale. The first and second counts of the declaration were for selling under the invoice price, against the defendant’s promise and undertaking.
Decided 1839-05-08
¶1A remittance of the proceeds of sales.by an agent is not necessary to maintain an action against the principal. It is true that an action for money had and received cannot be sustained unless money has been actually received; but if the actual vendor were the defendant’s agent, of which there was evidence to go to' the jury, his receipt of the price was the defendant’s receipt of it. Finally there was a count in the declaration on which the plaintiff might recover. '
¶2Judgment affirmed.