99 Mich. 326 | Mich. | 1894
Plaintiff resides at Syracuse, N. Y., and is the-manufacturer of a machine called the “Peck Autographic Cash Register." He has a general agent in this State for the sale of the machines, and the general agent also has. agents taking orders for sales. Sometime in March, 1892, Mr. Porte, one of these subagents, called upon the defendants, who keep a country store in Ottawa county, and procured from them the following order:
“A. R. Peck,
“Cortland, N. Y.
“Please ship to us to Jenisonville, Mich., one Peck's cash register, same as sample shown. Cabinet to be oak No. 5, three rolls of paper. On fulfillment of the above, we agree; to pay you forty-five dollars ($45.00) as follows: Five days; after shipment you to draw at one day's sight, deducting; 5 p. c. from purchase price. Register to be delivered f. o.. b. Cortland, N. Y., in good working condition, and equal in every respect as sample shown. All paper rolls used to-be purchased of A. R. Peck, the cost not to exceed 25 cents per roll for No. 3, and 35 cents for No. 5, and in quantity not less than four rolls at one time. In default of any payment, you or your agent may take possession, and remove said cash register without legal process, and all claims for damages arising from such removal are hereby waived. This order is given subject to your approval, and it is expressly agreed that it shall not be countermanded.. Should there be any failures to accept such drafts or execute notes for deferred payments on presentation of same, it is agreed that the entire purchase price shall at once-become due and payable. In default of any one acceptance- or note, it is agreed that all the remaining acceptances or-notes shall at once become due and payable, notwithstanding anything in the acceptance or notes to the contrary. All claims for verbal agreements not embodied herein are-waived. It is expressly agreed that the title of said cash register shall not pass until paid for in full. Should the register get out of order within two years from date sold, you to repair the same gratis, the undersigned paying-express charges to and from the factory.
“ Yours truly,
“L. & L. Jenison."
The machine was left with the defendants, who kept it
It is contended by counsel for plaintiff that the court was in error in these instructions, on the grounds:
The judgment must be affirmed.