Commercial Traveller

A travelling salesman who simply exhibits samples of goods kept for sale by his principal, and takes orders from purchasers for such goods, which goods are afterwards to be delivered by the principal to the purchasers, and payment for the goods is to be made by the purchaser to the principal on such delivery. City of Kansas v. Collins, 34 Kan. 436, 8 Pac. 865; State v. Miller, 93 N. C. 511, 53 Am. Rep. 469. An order solicited by and given to such salesman does not constitute a sale, either absolute or conditional, of the goods ordered, but is a mere proposal, to be accepted or not, as the principal may see fit; Mc Kindly v. Dunham, 55 Wis. 515, 13 N. W. 485, 42 Am. Rep. 740; Clark v. Smith, 88 111. 298. An agent who sells by sample and on credit, and is not intrusted with the possession of the goods to be sold, has no implied authority to receive payment, and payment to him will not discharge the purchaser; Butler v. Dorman, 68 Mo. 302, 30 Am. Rep. 795; Law v. Stokes, 32 N. J. D. 250, 90 Am. Dec. 655; Seiple v. Irwin, 30 Pa. 513; Kornemann v. Monaghan, 24 Mich. 36. Even if he has power to collect accounts, receiving checks payable to his principal, no authority to endorse such checks will be implied; Jackson v. Bank, 92 Tenn. 154, 20 S. W. 802, 18 L. R. A. 663, 36 Am. St. Rep. 81; nor authority to bind his principals on a contract for advertising his business in a newspaper; Tarpey v. Bemheimer, 16 N. Y. Supp. 870.. It has been held that possession of the goods by a commercial traveller who sells them is evidence of authority to collect therefor; Bailey v. Pardridge, 134 111. 188, 27 N. E. 89; John Hutchinson Mfg. Co. v. Henry, 44 Mo. App. 263; Cross v. Haskins, 13 VL 536. Where a drummer sold his samples and converted the proceeds, it was held, in the absence of evidence of the custom or usage of tbe drummer's disposition of samples, that the principals were not bound by the sale; Kohn v. Washer, 64 Tex. 131, 53 Am. Rep. 745; but where such sale is ratified, the payment to the agent is ratified also; Bailey v. Pardridge, 134 111. 188, 27 N. E. 89. The drummer may hire a carriage upon the credit of his principals if necessary; Bentley v. Doggett, 51 Wis. 224, 8 N. W. 155, 37 Am. Rep. 827; Huntley v. Mathias, 90 N. C. 101, 47 Am. Rep. 516, where the principals were held liable for the drummer's tort in overdriving a horse. C0MMISSARIA LEX. A principle of the upon credit, by a clause in the agreement that if the buyer should fail to make due payment the seller might rescind the sale. In the meantime, however, the property was the buyer's and at his risk. A debtor and his pledgee might also agree that if the debtor did not pay at the day fixed, the pledge should become the absolute property of the creditor. 2 Kent 583. This was abolished by a law of Constantine. Cod. 8. 35. •"..