Drummer

A travelling salesman. One who solicits custom. Thomas v. City of Hot Springs, 34 Ark. 553, 36 Am. Rep. 34. "Commercial agents who arc travelling for wholesale merchants and supplying the retail trade with goods, or rather, taking orders for goods to he shipped to the retail merchant." singleton v. Fritsch, 4 Lea (Tenn.) '.•:;. See Commercial Traveller; Commence.

A term applied to commercial agents who travel for wholesale merchants and supply the retail trade with goods, or take orders fur goods to be shipped to the retail dealer. 4 Lea, 96; 34 Ark. 557.

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