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Show I1ADSEN WINS IN. SUPREME COURT Lower Court Affirmed in Action Brought by Smith Table Company In an opinion handed down by the Supreme Su-preme court today the Judgment of the lower court is affirmed in the case of the Smith Table company'agalnst P. W. Mad-sen. Mad-sen. The action was brought to recover a balance alleged to have been due for furniture fur-niture sold and delivered. ' It was contended con-tended by the plaintiff that the goods were sold on an agreement -whereby the defendant de-fendant was to receive a cash Miscount sf 15 per cent if the goods were paid for within fifteen days. The defendant contended con-tended that he was to have what Is known as a 'trade discount.' which means a discount of that amount paid within ninety day a The amount of the sale, less the 15 per cent discount, was paid byxMadsen within ninety days, but the company refused to allow the discount, giving the defendant credit for the amount paid and suing him for the balance. The lower court found that the agreement was that the defendant defend-ant should have a trade discount and therefore found in his favor. In Its appeal the company claimed that the salesman who made the sale had no authority to give anything but a cash discount dis-count and hence exceeded his Jurisdiction In giving defendant a trade discount. The Supreme court holds that the agent was the general agent of the company and as such had authority to bind the company. The opinion of the court Is written by Justice Straup and concurred In by Chief Justice Bartch and Justice McCarty. |