A  commission  agent  is  an  agent  who  buys  goods  as  prin-  Commis-
cipal  in  a  foreign  market  for  a  correspondent  in  this  country,
or  buys  goods  in  this  country  for  a  correspondent  abroad,
charging  his  correspondent  with  the  price  of  the  goods  and  a
commission  for  his  services ;  "  this  is  the  ordinary  authority
given  to  a  foreign  commission  merchant,  who,  on  account  of
the  great  inconvenience  that  would  result  from  establishing
privity  of  contract  between  the  foreign  producer  and  the
home  merchant,  is  not  allowed,  far  less  required,  to  establish
privity    of    contract    between   thera"  (v).      The   distinction  Distinction

T     ,  •     .  J.         1  1  1  •  1      between

between  a  commission  agent  and  a  vendor  who  consigns  goods  vendor  and
on  his  own  account  is  thus  pointed  out :  "If  the  consignor  is  sio™™ie'jit
a  person  who  has  contracted  to  supply  the  goods  at  an  agreed
price,  the  amount  inserted  in  the  invoice  is  the  agreed  price
and  no  commission  is  charged.  But  it  is  also  very  common
for  the  consignor  to  be  an  agent  who  does  not  bind  himself
absolutely  to  supply  the  goods,  but  merely  accepts  an  order

((?)  mekalls  V.  Merry,  L.  E.  7  H.  L.  L.  R.  6  Ex.  162.
•530  ;   45  L.  J.   C.  575  ;   Scritage  v.  {t)  lb.,  p.  170.
Paine,  L.  K.  2  C.  D.  694  ;  45  L.  J.  («)  deepest,  p.  649.
0.  295.  ((')  Blackburn,  J.,  jJ/o«e«v.-Roim-

(r)   Torrwgton  v.    Lowe,  L.    E.   4  son,  L.  E.  7  H.  L.  810,  citing  Ihuton

C.  P.  26  ;  38  L.  J.  C.  P.  121.  t.  Bullocl;  L.  E.  9  Q.  B.  572,     See

(s)  Blackburn,  J.,  MaxteHy.  Tame,  ante,  p.  417.
4:4  0  PRINCIPAL  AND  AGENT.
