Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hufford v. National Retailer-owned Grocers

DECEMBER 16, 1957.

LOREN HUFFORD, DOING BUSINESS UNDER NAME AND STYLE OF BROWNSBURG CANNING CO., APPELLEE,

v.

NATIONAL RETAILER-OWNED GROCERS, INC., A CORPORATION, AND CENTRAL RETAILER-OWNED GROCERS, INC., DEFENDANTS, CENTRAL RETAILER-OWNED GROCERS, INC., APPELLANT.



Appeal from the Municipal Court of Chicago; the Hon. JOSEPH F. GEARY, Judge, presiding. The judgment of the trial court is reversed and judgment entered here for the amount of $5,083.91.

PRESIDING JUSTICE SCHWARTZ DELIVERED THE OPINION OF THE COURT.

This is an appeal from a judgment on verdict against Central Retailer-Owned Grocers, Inc. (Central) for $6,379.35 for breach of a contract of sale. National Retailer-Owned Grocers, Inc. (National) was the original defendant. The suit was later dismissed as to National, and Central became the sole defendant.

Plaintiff is engaged in the canning business in Brownsburg, Indiana, under the name of Brownsburg Canning Co. At the time of the purchase and sale Central was known as Central Division, National Retailer-Owned Grocers, Inc. It is located in Chicago and is a purchaser of canned goods for retail grocers. One Charles G. Briner, a food broker in Indianapolis, Indiana, negotiated the sale of tomatoes by plaintiff to a purchaser which both Briner and the plaintiff assumed to be National. The precise relationship of National to "Central Division, National Retailer-Owned Grocers, Inc.," or to "Central Retailer-Owned Grocers, Inc.," as it was later called, is not made clear except that such a relationship exists and that Central was permitted to use the name of National.

On September 3, 1952, an order for 7,500 cases of tomatoes was given to plaintiff by defendant through Briner. As the construction of the terms of that order is the vital part of this case, we reproduce the order as follows:

"Central Division PURCHASE ORDER

NATIONAL RETAILER-OWNED GROCERS, INC., 308 West Washington Street Chicago 6, Illinois.

ORDER NO. 6956

Put number on your invoice when billing.

DATE September 3, 1952 TERMS 1 1/2% — 10 days F.O.B. Indiana To Brownsburg Canning Company Brownsburg, Indiana. Attached

Shipping Instructions: Will follow. ---------------------------------------------------------- Quantity Item Price ---------------------------------------------------------- 7,500 cs 24/2 Extra Standard Tomatoes 1.77 1/2 Less 1/4% Swell Allowance Less Usual Label Allowance ---------------------------------------------------------- Central Division, NATIONAL RETAILER-OWNED GROCERS, Inc.,

By: J.M. King (Signed)

Please mark all shipments plainly with name and quantity of contents. Seller guarantees merchandise shipped against this order to conform to all Federal and State Regulations. Render invoice promptly after shipment is made."

The words "Central Division" are in small print and that, together with their location, seem almost deliberately designed to deceive a seller with respect to the identity of the purchaser. The use of such ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.