This section contains the nature of the case and procedural background.

Hoddeson (P) wanted to buy furniture from Koos (D). A salesman she met at the store confirmed her selections and calculated the price to be $168.50. P handed the salesman the cash. P was then informed that the articles other than those on display were not in stock and that they could be delivered in September, just a few weeks from then. P got a receipt for her cash. P went home and waited for delivery. It did not come, and she inquired at D but learned that there was no record of her sale. P sued D and won at the lower court. P was unable to recognize from D’s regular employees who actually waited on her and took her money. D contended at trial that the person who waited upon P was an imposter, which was done without D’s knowledge. D appealed.

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