Advance Thresher Co. v. Roger

Citations

• 123 La. 1067
• 49 So. 709
• 1909 La. LEXIS 821

Syllabus

<p>Principal and Agent (§ 156*) — Authority oe Agent — Sales—Construction op Contract.</p> <p>Plaintiff sues for the specific performance by defendant of the obligations alleged to have been incurred by him under an order upon it to furnish and deliver to him certain machinery at the price and on the terms and conditions contained in a printed order, which a soliciting agent of the plaintiff submitted to him. The defendant himself and the agent signed the document, which was transmitted to the plaintiff company.</p> <p>The machinery ordered was- shipped and received by the defendant. On the face of the document signed by the defendant, the exact authority of the solicitor in respect to the proposed order and sale and the limitations upon his right to depart in any way from the terms and conditions of the printed order and sale were set out.</p> <p>Defendant read the document before signing the same. The machinery sent to defendant was not found satisfactory to him and failed to meet the representations in respect to it which had been made to him by the agent. Denying that he was bound in any way under the order, this suit followed.</p> <p>Before signing the order, the defendant obtained from the soliciting agent a written certificate to the effect that the order was given conditionally, that the machinery was to be shipped to defendant, and received by him subject to a trial by him of its merits and its efficiency to accomplish the work which be required, and that it was to be accepted only if found satisfactory. The certificate so signed by the solicitor agent was written on a separate piece of_ paper. Knowledge of the same was communicated to the plaintiff company neither by the agent nor by the defendant until after the machinery was received and had been found unsatisfactory. The trial court held defendant bound according to the terms of the printed order. He has appealed. The judgment is correct and is affirmed.</p> <p>[Ed. Note. — For other cases, see Principa