Holt Manufacturing Co. v. Odenrider

Citations

• 61 Wash. 555
• 112 P. 670
• 1911 Wash. LEXIS 1121

Syllabus

<p>Sales — Defenses—Rescission by Vendee — Written Contracts— Varying by Parol — Principal and Agent — Authority of Agent. Upon a sale by agents of a harvester under a written contract providing that the purchaser was not to countermand the order except for failure of crops, and that all stipulations entered into are all embodied in the contract and that no agent has any power to make additions or vary the terms, it is not competent for the purchaser to set up a contemporaneous agreement with the agents to the effect that the contract of sale was not delivered or to become effective for one month, and that the owner could, and did, cancel the same within such time; since the written contract could not be contradicted by parol.</p> <p>Sales— Defenses — Cancellation — Countermand of Order — Pleading — Issues and Proof. In an action for the price of a harvester sold by agents, an affirmative defense of a contemporaneous oral agreement, contradicting the writing, to the effect that the contract was not to be effective for one month and that pursuant thereto it was cancelled by the purchaser, does not admit of proof, over defendant’s objection, that the written contract was cancelled by mutual consent.</p>