Sidney School Furniture Co. v. Warsaw Township School District

Citations

• 158 Pa. 35
• 27 A. 856
• 1893 Pa. LEXIS 1537

Syllabus

<p>Gontract — Rescission—School district — Parol evidence — Minutes of school board.</p> <p>Plaintiffs, a school furniture company, entered into a written contract with a school district for the furniture of several school houses. It was alleged by defendant, the school district, that at the time the written contract was executed, a contemporaneous parol agreement, which induced it, was also made, and was to the effect that if defendant, upon examination of the furniture sold by plaintiff to a neighboring district, should find it unsatisfactory and defective, defendant would not be bound to take the furniture; and also that if when the furniture arrived it was not as good as the sample, defendant would not be required to take it. An examination of the furniture in the neighboring district proved it to be unsatisfactory.</p> <p>By resolution the directors rescinded the contract. The president of the board then notified defendant that the contract was annulled, and directed that the furniture should not be shipped. Notwithstanding this notice the furniture was shipped. Held:</p> <p>1. That the fact that the minutes authorized the board to execute the written contract did not necessarily exclude evidence of a distinctive parol contract made at the same time.</p> <p>2. That the resolution of the board rescinding the contract was properly admitted in evidence, as it was the basis of the notice of the rescission.</p> <p>3. That the president was competent to send the notice, and needed no further or formal authorization of the board. ■</p> <p>4. That-as plaintiff elected to disregard the rescission by sending the furniture it was competent for defendant to show that the-furniture was not such as had been contracted for.</p> <p>Rescission — Fraud—Evidence—Bond of indemnity. : -</p> <p>In the above case the fact that defendant required from other furniture companies a bond of indemnity against any damages that might bo recovered by plaintiff, as a condition for a contract,