TOME XXIV

ing that, at the time appellants made to respondent, for account of Geo. W. Cowan & Co. Chicago, the sale of two thousand barrels of flour mentioned in the pleadings in this cause, they had not the said flour in their possession nor under their control, and that, in effecting the said sale, they did not act as factors or commission merchants ; and considering that they are not liable, in respect of such sale, to the personal liability imposed on factors by art. 1738 of the Code Civil, and that there is error in the judgment of the court below, which has condemned them personally for acts done as agents in the name of their principals,; doth reverse the judgment rendered on the 17th day of december 1872, by the L Superior Court, sitting at Montreal, and proceeding to render the judgment which the said Superior Court should have rendered, doth dismiss the action of respondent, with costs.” Judgment reversed, RAMSAY, J., dissenting. (4 R. L, 657 ; 2 R. C., 485 ; 19 J., 309.) ; A. & W. ROBERTSON, for appellants.

KERk, LAMBE & CARTER, for respondent.