Outcault Advertising Co. v. Ritchey

Citations

• 63 Pa. Super. 597
• 1916 Pa. Super. LEXIS 221

Syllabus

<p>Contract — Sales—Subject to approval — Oral agreement — Evidence — Principal and agent.</p> <p>In an action for goods sold, where it appears that the defendants signed an order for the goods absolute on its face and containing the words “salesmen are not authorized to alter this contract by a verbal agreement” printed vertically -on the left hand margin of the paper in small type, the defendants may show that they were induced to sign the contract by an oral agreement made by the plaintiff’s agent that the goods should be subject to approval with the right to return within a reasonable time, that the order was not read by defendants, nor was the marginal note called to their attention, and that the contract was not sent to an absent principal, but was accepted by the agent himself.</p>