63 Minn. 475 | Minn. | 1896
Lead Opinion
Replevin for a sewing machine. Trial by the court without a jury. Judgment for defendant, and plaintiff appeals.
One Noel was the agent of plaintiff, with authority to make contracts for the sale of its sewing machines according to the terms of a certain printed blank form. On May 27, 1892, he made an oral contract with defendant, by the terms of which he agreed to sell her one of plaintiff’s sewing machines, and take in payment therefor $5 in cash, an old sewing machine priced at $10, and two months’ board for himself at the rate of $25 per month. At the same time she signed a so-called lease, being one of said blank forms which he had filled up, the legal effect of which is a conditional sale of the sewing machine by plaintiff to her for the price of $60, reciting that $10 thereof was paid with her old machine, $5 in cash, and the balance was to be paid at the rate of $3 per month thereafter until paid. This contract he retained. He filled out another blank in the same form, except that he added to the bottom of it the statement, “This is to be paid in board.” This blank, so filled up, was delivered to her without being signed by any one. Thereupon the new sewing machine was delivered to her, her old one to the plaintiff, and she also paid the $5 in cash, and Noel commenced to board with her, and boarded a month and one-half.
On the trial, the defendant testified that, about a week after
It must be held on the evidence that Noel had no original authority to barter this sewing machine for his board, and it is contended by appellant that his attempt to do so was never ratified by his principal, and that, even if his principal had attempted to ratify the transaction, it would avail nothing, as it would be simply an attempt to ratify a contemporaneous oral agreement contradicting the written agreement for the sale of the machine, and that such written contract, signed by the defendant, must control. Whether or not such a contemporaneous oral agreement, subsequently ratified and executed, amounts to a subsequent oral mod
We are also of the opinion that the court did not err in admitting in evidence the unsigned written instrument aforesaid. While it was of no weight or validity in itself, it tended to throw light on and render intelligible the subsequent conversations between defendant and Noel and defendant and Winehell, and furnish some of the terms of the subsequent modification of the contract. This disposes of the case.
Judgment affirmed.
Buck, J., did not sit.
Dissenting Opinion
(dissenting). I find no evidence tending to sustain the statement that Noel made a subsequent oral contract by which he attempted to modify the original written contract, or that plaintiff ratified what Noel attempted to do. In my judgment the proof is that, within a week after defendant obtained the machine, she learned that plaintiff’s manager repudiated all agreements outside of those contained in the writing, and from that time on she was trying to collect what Noel owed her for board through the plaintiff company and the assistance of its manager. The latter simply delayed efforts to collect from defendant the monthly instalments as they fell due. The manager thereafter allowed defendant to re