193 Mass. 534 | Mass. | 1907
This is an action by individuals doing business under the name of the French and American Importing Com
“ The defendant read, or had ample opportunity to read and understand, the contract before so signing.”
The defendant at the trial offered evidence that he was induced to buy the goods by an oral representation made by one Brainerd, the plaintiff’s salesman, that “ he [the salesman] would give him [the defendant] exclusive sale of said goods in Rock-land and vicinity.”
The defendant proved by Brainerd that he carried “a line of samples . . . and used the same line of samples in selling goods under the name of the French and American Importing Company and under the name of W. D. Cannon and Company.” The salesman also testified that while the goods were “ substantially similar,” they were “ put up differently,” “ and the list of goods was different.” The salesman admitted in his testimony that “ he said he would give the defendant the exclusive sale of the French and American Importing Company goods in the boot and shoe trade in Rockland.”
The defendant then testified that on the day the goods ordered were delivered at his store, and after they were delivered, he learned that the W. D. Cannon and Company goods were for sale in Rockland under a contract made with the plaintiffs through the same salesman. The defendant thereupon shipped the goods back to the plaintiffs, but the plaintiffs refused to take and did not take them back.
The case was heard by a judge of the Superior Court without a jury. On this evidence the judge “did not pass upon the
The defendant was bound by the terms of the contract made in writing by and between him and the plaintiffs. Grace v. Adams, 100 Mass. 505. Wood v. Massachusetts Mutual Accident Association, 174 Mass. 217. Nourse v. Jennings, 180 Mass. 592. Fay v. Hunt, 190 Mass. 378.
By agreeing that “ separate verbal or written agreements with salesmen are not binding upon ” the plaintiffs, and that the sale was “ made under inducements and representations herein expressed and no others,” the defendant agreed with the plaintiffs that in making the contract he would deal with the plaintiffs’ salesman on that basis and no .other. Thai is to say, on the basis that the salesman had no authority to change the terms of the written contract by any “ inducements,” “ representations ” or “ separate verbal or written agreements.” Such an agreement is binding. Kyte v. Commercial Union Assur. Co. 144 Mass. 43. Porter v. United States Ins. Co. 160 Mass. 183. Equitable Manuf. Co. v. Biggers, 121 Ga. 381. McCormick Harvesting Machine Co. v. Allison, 116 Ga. 445. Furneaux v. Esterly, 36 Kans. 539.
For these reasons the presiding judge was right in not passing upon the claim made by the defendant that he was induced to enter into the contract by reason of false representations on the part of the salesman.
Exceptions overruled.