Gill v. General Electric Co.

Citations

• 129 F. 349
• 64 C.C.A. 99
• 1904 U.S. App. LEXIS 4055

Syllabus

<p>1. Contracts — Execution—Persons Liable — Signature—Effect.</p> <p>Where the acceptance of an offer to sell certain machinery was signed “G. & Co., by S. S. G.,” by the other member of the firm, and by W. B. G. individually, the latter rendered himself liable as a joint contractor, and not merely as a guarantor.</p> <p>2. Same.</p> <p>Where an acceptance of a proposal for the sale of machinery was signed “G. & Co., by S. S. G., W. B. G., and T. H. G.,” the word “by” after the partnership name was limited to the partner first signing, and did not authorize an inference that the signature of W. B. G., who was not a member of the firm, was made only as one of the three agents of the firm.</p> <p>3. Same.</p> <p>Where an offer for the sale of machinery was made to G. & Co.- “(for the N. Umbrella Co.),” and an acceptance of the offer was signed by G. & Co. and by one not a member of such firm, such signature bound the signers personally, and not as agents of the umbrella company.</p> <p>4. Same — Written Instruments — Parol Evidence.</p> <p>Where a series of writings was intended to embody an entire contract, from which it appeared that One of the defendants was a joint contractor, parol extraneous evidence was inadmissible to vary or annul his connection therewith.</p> <p>H 4. See Evidence, vol. 20, Cent. Dig. § 1906.</p>