32 Ga. App. 530 | Ga. Ct. App. | 1924
.(After stating the foregoing facts.) It is apparent from the record in this case that when the representative of the Claxton Oil Company met the agent of the Wayne Oil Tank & Pump Company in Atlanta on June 26, 1922, and the two had a conference, each decided that so far as the sale of the tank, pump and fixtures was concerned, he would “let the dead past bury its dead.” This is shown by the fact that they proceeded to draw a written contract in which it was stated that “this proposal of purchase shall not become effective or binding until it is accepted or confirmed by said company [plaintiff] at its home office in Port Wayne, Indiana;” that “there are no agreements not mentioned herein, and all the terms and specifications have been distinctly understood;” and that “all agreements between the parties hereto are covered by this order, and that same are not subject to countermand by the vendee.” (Italics ours.) ' This order contained all the elements of a sale. It identified the articles sold, named the price thereof, and the consent of the parties thereto is shown by their signing it. Civil Code of 1910, § 4106. That each party recognized this as a complete contract is shown also by the fact that in their pleadings each claimed that the other breached it. It is apparent not only from the plea of the defendant, but from the evidence that defendant’s representative, Saunders, signed the contract, a duplicate of which was given him at the time, “without apprising himself of its contents otherwise than by accepting representations made by the opposite party,” and it' does not appear that between him and the other party there existed any “fiduciary or confidential relations,” of that “at the time he signed it some such emergency existed as would excuse hís failure to read it, or that his failure to read it was brought about-by some misleading device or artifice amounting to actual fraud.” Tinsley v. Gullet Gin Co., 21 Ga. App. 512 (2), (94 S. E. 892); Barnes v. Slaton Drug Co., 21 Ga. App. 580, and eases cited on pages 581, 582 (94 S. E. 896); Twyman v. Avera Loan &c. Co., 23 Ga. App. 136 (98 S. E. 239). The case of Arnold v. Malsby, 120 Ga. 586 (48 S. E. 132), is somewhat like this one, and in that
As the contract was a valid one, was not breached by the plaintiff, and could not be countermanded by the defendant, and as the telegrams were erroneously admitted in evidence, the judgment must be Reversed.