167 Ind. 536 | Ind. | 1906
Action by appellants on a contract in writing, for the value of goods sold. The questions presented arise on the sixth and seventh paragraphs of answer, and on the overruling of appellants’ motion for a new trial.
Better to comprehend the answers complained of, we subjoin the substance of the complaint. It is alleged that the defendant, James Huddleston, by his certain order in writing, dated Eebruary 10, 1904, a copy of which is attached as exhibit B, directed the plaintiffs to ship to him by freight certain jewelry, and a show-case, particularly described in exhibit B; that the plaintiffs accepted said order, and, pursuant to its terms, shipped the goods so ordered to the defendant by freight, on April 16, 1904, the purchase price of which remains unpaid. Exhibit B contains a list of articles and their prices, designated as “factory samples of rolled gold plate, gold front, and gold filled, sterling silver, and oxidized finished articles in assorted patterns,” with terms of payment; also a stipulation that the plaintiffs would, at the end of thirteen months from date' of shipment, on certain specified conditions, buy for cash, at original invoice ' prices, all goods remaining unsold. Also a guarantee of the goods for periods ranging
“Puritan Manufacturing Company. Factory.
Please ship at your earliest convenience the goods listed in this order amounting to $150, upon the terms named herein, all of which I fully understand and approve. Gentlemen’s line. Special attention to nice line emblem pins and buttons.
James Huddleston,
Owner of Store.
N. B. Marriott,
Salesman for Puritan Manufacturing Company.”
“Puritan Manufacturing Company. Factory.
Eebruary 10, 1904.
Please ship at your earliest convenience the goods listed in this order, upon the terms herein named, all of which I fully understand and approve. Gentlemen, give special attention to nice line of emblem pins and buttons. James Huddleston.”
Said Marriott falsely and fraudulently represented to the defendant that said paper contained nothing more than a simple order for goods, and before the defendant signed
Judgment affirmed.