Reynolds Metals Co. v. Barker
| Decision Date | 13 March 1953 |
| Citation | 256 S.W.2d 17 |
| Parties | REYNOLDS METALS CO. v. BARKER. |
| Court | United States State Supreme Court — District of Kentucky |
Fred R. Edney, Louisville, for appellant.
Horace Barker, Louisville, for appellee.
The Commercial Lithographing Company filed suit against the appellee, Edith Barker, for $768 representing the balance due on certain patterns prepared by the Lithographing Company and delivered to Mrs. Barker for use in etching aluminum trays. Mrs. Barker made her answer a cross-petition against the appellant, Reynolds Metals Company, and A. C. Kintner, an employee of Reynolds. At the conclusion of the testimony the court directed a verdict in favor of the Lithographing Company for the amount of its claim. A verdict was also directed for the defendant Kintner and he is not a party to this appeal.
The issue whether Mrs. Barker or Reynolds Metals Company should pay the Lithographing Company's debt was submitted to the jury. The jury found for Mrs. Barker and judgment was entered against Reynolds in the amount of $768. On this appeal Reynolds contends the court erred in failing to direct a verdict in its favor; admitted incompetent evidence; gave erroneous instructions to the jury.
The testimony is conflicting but the facts are, in substance, as follows: In the summer of 1949 Mrs. Barker was an unpaid local craft leader in her homemakers' club in Jefferson County and suggested to the club a program of etching aluminum in making trays. The program became popular and was adopted by other homemakers' clubs in Jefferson County, having a membership of some 1200 women. Mrs. Barker obtained the aluminum for making the trays from Reynolds Metals Company and furnished it to the women participating in the program at a small profit to her.
Reynolds Metals Company received notice of the program and became interested in promoting it on a national scale for the purpose of selling more aluminum. On July 20, 1949, Mrs. Barker signed an agreement with Reynolds agreeing to assist in the promotion of the program throughout the country by giving lectures and demonstrations. In return for her services, she was to receive 1% of the gross profit from the sale of aluminum used in the program for a period of one year, and was to have the exclusive distribution rights for the product in Kentucky.
Patterns were essential to the program. Mrs. Barker had been preparing these by a laborious and slow hand method. On September 19, 1949, Reynolds' employee, A. C. Kintner, requested Commercial Lithographing Company to prepare 27,500 copies of the pattern used in the program. The bill was sent to Mrs. Barker and the patterns were sent to her home. It is these patterns about which this controversy arose. Mrs. Barker contends they were to be used in the national program and Reynolds is obligated to pay for them. Reynolds insists they were for Mrs. Barker's use in Jefferson County and that she is obligated to pay for them. At the time the patterns were ordered the program was in some confusion, with several departments at Reynolds handling the promotion. In order to get the program on an orderly basis,...
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