Johns v. Jaycox

Citations

• 67 Wash. 403
• 121 P. 854
• 1912 Wash. LEXIS 1191

Syllabus

<p>Principal and Agent — Sales Agent — Authority—Sales—Warranty by Agent. A sales agent of talking machines has no implied authority to guarantee an average number of sales of records for each machine sold, under the rule that there is no implied authority to give a warranty where the warranty is beyond the usage of the business; especially where he carried a printed form of contract without apparent authority to modify it, and which should have put the buyer on inquiry; evidence of a prevailing custom being necessary to sustain such an extraordinary guaranty.</p> <p>Sales — Warranty—Waiver. Where the seller repudiated a guaranty made by his sales agent, and requested a telegram in case the buyer desired the balance of the goods shipped without the guaranty, a telegram directing shipment of the balance as ordered is an acquiescence in the seller’s claim, and waives the guaranty, and the buyer cannot thereafter claim that, the guaranty having induced the contract, there could be no contract if the guaranty was void.</p>