80 Pa. Super. 191 | Pa. Super. Ct. | 1922
Opinion by
Plaintiff declared for installments due under a Written order, in form a conditional sale contract, for a popcorn machine, the deferred payments being secured by a promissory note. Both the order and the note were
The objections referred to above were made and sustained by the trial judge on the theory that the contract being in writing spoke for itself. Lowry v. Roy, 238 Pa. 9, justifies the action. The rule applies especially where the contract contains a stipulation against agreements or representations not contained therein, and where the contract must be sent to an absent principal for acceptance. Tranter Mfg. Co. v. Blaney, 61 Pa. Superior Ct. 379, and Philadelphia & Gulf S. S. Co. v. Pechin, 61 Pa. Superior Ct. 401, rule this point. In t'he latter case, as here, the representations alleged were not of an existing fact, but were merely promissory. Evidence of a parol inducing contract is not admissible in a case where the writing contains a plain stipulation against parol agreements: Outcalt Adv. Co. v. Ritchey, 63 Pa. Superior Ct. 597.
Nor was there anything on the face of the contract indicating that defendant signed as an agent for a disclosed principal, or that he did not sign it on his own account. „ The mere direction that the machine be shipped to Malatesta is not notice to plaintiff that defendant was not buying the machine on his own account. In Abrams v. Musgrave, 12 Pa. 292, and Hopkins v. Mehaffy, 11 S. & R. 129, the fact of agency, as well as the intention to bind the principal, was apparent on the face of the instrument.
Under this view of the case, the fifth assignment becomes unimportant.
All of the assignments of error are overruled and the judgment is affirmed.