- commission merchant
- A term nearly, if not exactly, synonymous to factor, the term "factor" being more common in the language of the law, and the term "commission merchant" more familiar in the language of commerce. I. J. Cooper Rubber Co. v Johnson, 133 Tenn 562, 182 SW 593. Some authorities, however, distinguish between commission merchants and factors in defining the former on the point of possession of the goods or merchandise sold, stating that a commission merchant is a person who sells goods in his own name at his own store, and on commission, although from samples, not having the goods in his possession, but obtaining possession as soon as sales are made, and delivering or shipping them to his customers. Slack v Tucker (US) 23 Wall 321, 23 L Ed 143. A commission merchant differs from a broker in that he may buy and sell in his own name without disclosing his principal, while, broker can only buy and sell in the name of his principal.
Ballentine's law dictionary. Anderson, W.S.. 1998.