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· 2/25/1907

Suffolk Peanut Co. v. Luden

Citations

  • 32 Pa. Super. 603
  • 1907 Pa. Super. LEXIS 59

Syllabus

<p>Contract — Sales—Acceptance of order.</p> <p>Where a dealer issues to his salesmen blank orders which have printed on their face an express stipulation that all sales are to be subject to acceptance by the dealer, and a purchaser gives an order to a salesman on such a blank, as he had been hi the habit of doing in previous transactions, and such order is rejected by the dealer as soon as it was received, the purchaser cannot allege as a defense that he had signed the order as an absolute contract of purchase and sale, relying on the statement of the agent that the latter had authority to make an absolute sale and did not always use the printed forms in sending in orders, which were nevertheless filled.</p>

Judges: Beaver, Head, Henderson, Morrison, Orladv, Porter, Rice

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