Outcault Advertising Co. v. H. G. Waltner Mercantile Co.

Citations

• 96 Kan. 689
• 153 P. 518
• 1915 Kan. LEXIS 467

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Advertising Contract — Parol Evidence Inadmissible to Vary Terms of Written Contract. In an action upon a written contract to accept and pay for the use of articles described as “Outcault Service De Luxe” cuts, although the defendant is entitled to introduce parol evidence to show the meaning ascribed to the quoted phrase by the agent who represented the plaintiff in the making of the contract, a defense can not be made on the ground of the breach of an oral promise made by such agent, as a part of the agreement, that his principal would revise advertising matter to be suggested by^the defendant, unless it was to be used as copy for the cuts referred to.</p>