Car Advertising Co. v. Rohr McHenry Distilling Co.

Citations

• 49 Pa. Super. 442
• 1912 Pa. Super. LEXIS 349

Syllabus

<p>Contract — Execution of contract — Corporations.</p> <p>1. Where a paper purporting to be a contract between two corporations shows on its face that it is not binding unless approved by the president, treasurer or secretary of one of the companies, and the secretary of the company accepts the paper duly signed by the other company upon the express agreement by him that it is not to become binding until approved by the treasurer of his company, such approval is necessary to make the agreement operative. In such a case the question is not one of contradicting or varying the terms of a written agreement, but of the existence of the agreement itself.</p> <p>2. A provision of the alleged contract that “no verbal conditions made by agents will be recognized; every condition must be specified on the face of this contract,” relates to the substance of the contract, and not to the fact of its execution.</p>