2 Ga. App. 821 | Ga. Ct. App. | 1907
The plaintiff in error, doing business -as the American Jobbing Association, brought an action on a written contract for the purchase-price of a lot of jewelry therein described and ordered by the defendant. The purchase-price of the lot of jewelry was $215.50. The petition set out the contract, that the jewelry had been delivered to the defendant, and that the defendant had not availed himself of any of the three privileges set forth in the order or contract of purchase. The order was as follows:
“American Jobbing Association, not incorporated, Chicago, Illinois.
Order.
“Gentlemen: — Please ship me the assortment of goods described on the back of this order, in accordance with the terms hereon.
“Privilege No. 1. Any article in this assortment which the purchaser has sold to his customer and which does not give reasonable satisfaction, considering price paid for it, may be returned, and we will refund the price originally paid or will repair or replace the article so failing to wear as it should, provided the article is returned to us by registered mail and the name and address of the dissatisfied customer is given.
*822 “Privilege No. 2.. Any piece of jewelry purchased from us, not finding ready sale after being properly displayed for 60 days, may be exchanged, dollar for dollar, at the purchase-price, for any other jewelry in oiir stock within 'one year from date o'-f purchase. Should any of the goods in this order prove unsatisfactory in style, price, .quality, finish, assortment, or selling quality, they .must be returned for exchange- as above provided, but can not be returned for credit. Repairs on jewelry free for one year. •
“Privilege Np. 3. Unsold goods can be returned for cash on the .following terms: Should purchaser have sold.less than three-fourths of the jewelry -contained in- this order at the end of one year from date of shipment, we' agree to purchase from him, for c^sh, at the purchase-price, all unsold goods which hp originally bought of us and which remain unsold at the end of ¡this time. This agreement js made with the understanding and as a condition that the purchaser send us every three months between the first and tenth of the mpnth an itemized list of .all, goods (on hand and that he keep the goods displayed for sale one year. These conditions may be omitted by customers who are satisfied with their sales, and by so doing they will void no portion of this contract except this'paragraph. Wd assist you! Attraction creates attention,atténtion fosters‘curiosity,"and curiosity makés deinahd. 'Théréfo’re, for the purpose of assisting the pur chaser and creating a demand of all' kinds- of his goods, we furnish, with each full order only, 50 half'pairs gents 'cuff buttons’without ehárge ahd’agree'to mail 50 duplicates to fifty heads of families, the námés and addresses of whom'are to be furnished by the purchaser’of. this assortment by mail within ten days from date hereof, or vendors may!, if they choose and find it convenient, if purchaser neglects to furnish list as agreed, obtain the list otherwise. An appropriate letter and a certificate good for the duplicate ’ button will also be mailed and when the holder thereof had purchased any goods from the merchant equal to $5.00 in value the' certificate bécomes good and he will be given the duplicate button.
‘‘Terms of'- Settlement. Long time’if closed by acceptance. The amount of this .order is payable in six equal installments, due’ two, four, six, eight, and twelve months from date of invoice, provided purchaser sends us within'15'days -from date of shipment-from our most’convenient place'of business his'-six acceptances for amounts'*823 and time of above payments, payable to our order at Chicago, 111. Liberal cash discount. If acceptances are not sent us as above-terms are cash. Five per cent, discount if paid in full within 15 days from date of shipment.
“Special Notice.
“No privileges herein granted will be allowed unless terms of sale are complied with and acceptance, if any, paid when due. Delivery to transportation company at our most convenient place of business is hereby conceded delivery to the purchaser. In consideration of the special terms and conditions of this order purchaser agrees not to countermand either before or after it is accepted-by us. The representative of the American Jobbing Association is a soliciting agent only and has no authority to make agreements of any kind for that-company. If any changes in the order are desired they must appear in writing hereon. I acknowledge that all the tetras and conditions under which T desire to purchase the goods listed on this order appeared hereon. This orderyis given subject t-o acceptance by the American'Jobbing Association.
Signature'of purchaser, ■ D. Wh Simmons. •
Post-Office, Eastman, Ga.
Nearest Express Office, Eastman, Ga.
Date 11/1905 ...........................salesman.-
“To insure long and pleasant business relations, misunderstanding must be guarded against. Purchasers will therefore please carefully read t-his order.
“Citizens Banking Company.
“Original. Order Itemized.
“Carefully read all the terms and conditions contained in'this o^der.
. “Salesmen are not authorized to receive money or goods from customers.”
Following this order is the statement of the articles comprised in the assortment of jewelry and the price of each; the entire assortment aggregating $215.59. - ■
The defendant denied all of- the allegations of the plaintiff’s-petition, except as to the jurisdiction of the court and that he gave-the order above quoted;'and, for further answer, admitted that he purchased the lot' of goods described in the order, but averred that