142 Ga. 263 | Ga. | 1914
The action was for the recovery of. a specified balance of the purchase-price alleged to be due for a certain apparatus sold by plaintiff to defendant under a written contract containing stipulations that “All previous communications between the parties hereto, either verbal.or written, with reference to the subject-matter of this [contract] are hereby abrogated, and this [contract] . . constitutes the agreement between the parties hereto; and no modification of this agreement shall be binding upon the parties hereto, or either of them, unless such modifications shall be in writing, duly accepted by the purchaser and approved by an executive officer of the company,” the plaintiff; and that “the receipt of the apparatus by the purchaser upon its delivery shall constitute a waiver of all claims for loss or damage due to delay.”
Judgment affirmed.