Ohio Pottery & Glass Co. v. Pickle & Son
Citations
- 108 Miss. 51
- 66 So. 321
Syllabus
<p>Evidence. Parol evidence. Written contract.</p> <p>In a suit on a written contract foi the purchase of goods by a firm consisting of father and son, parol evidence that the son gave the order in the absence of the father upon the understanding and agreement that, if his father was not willing' for him to make the purchase, then the order would be countermanded, and that he would not have made the order, except upon this understanding, and condition; and that his father refused at once to approve the order, and notice thereof was promptly given to the seller, and none of the goods were accepted by the firm, was not objectionable, as contradicting the written contract, since its effect was to prove a condition precedent to the contract taking effect at all. In such case the contract did not become operative until the happening of the condition precedent.</p>
Judges: Beed
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