Schlater Mercantile Co. v. Brinly-Hardy Co.

Citations

• 109 Miss. 300
• 68 So. 444

Syllabus

<p>Evidence. Parctl evidence to vary writing. Conditional delivery o/ contract.</p> <p>Where defendant signed an order for goods, which recited that ‘there is no further agreement or stipulation than what is here in writing” he could -nevertheless show by parol evidence, that the order was signed under the express agreement that it would be pocketed by the seller’s salesman until the buyer could ascertain whether he could purchase goods from a company with which he had been dealing, or whether he could obtain a better price from other dealers and that the order was not to take effect unless he afterwards decided to purchase the articles therein listed.</p>