Drummer

A commercial agent who travels for a wholesale pierchant taking orders for goods to be shipped to retail dealers.' An agent, such as is usually denominated a " drummer " or " commercial traveler," who simply exhibits samples of goods kept for sale by his principal, and > [Mills V. Perkins, 120 Mass. 43 6876), Ames, J. 'State V. Holmes, 28 La. An. 767 (1876): Webster. Hainline ti.

Commonwealth, 13 Bush, 352 (1877); 77 Mo. 128. » Co Ums V. Farmville Ins. Co., 79 N. C. 281 (1878): Webster. <Carrigan v. Lycoming Fire Ins. Co., 53 Vt. 426 (1881). 'Brown v. Marshall, 47 Mich. 583 (1882), cases; 16 Ark. 308; 33 Conn. 75; 61Ga.505; 13B.Mon.319; 15 La. An. 448; 64 Me. 120; 20 Md. 297; 106 Mass. 143; 6 N. Y. 397; 51 id. 746; L. E., 6 Exch. 1. « Wohlfahrt v. Beckert, 92 N. Y. 490, 494 (1883). ' Bay V. Burbank, 61 Ga. 505 (1878). e Tessymond's Case, ) Lewin, 169 U828).

Montana v. tates orders for suuh goods afterward to be delivered by the principal to the purchasers, payment therefor to be made to the principal, is neither a peddler nor a merchant; nor will a single sale and delivery of goods by such agent out of his samples or other lot of goods constitute him a peddler or merchant. ' See fm-ther Commerce, page 199, col.

2; Peddlek.

In common language a drummer sells goods, — by sample, by procuring orders; and the dealer sells by him as his agent. While in such cases the sale is usually consummated by a delivery at the vendor's place of business to a common carrier, and, perhaps, in another State, a legislature may say that the acts done by the drummer shall of themselves constitute a sale; as, in a statute forbidding sales of liquors by samples or by soliciting orders without first taking out a license.'^ Article 4665, of the Revised Statutes of Texas, is unconstitutional as to a citizen of another State selling goods by sample, and having no goods in the State. 3