Legal Opinion

Grocery World Publication Co. v. Clayberger

Superior Court of Pennsylvania

Decided March 2, 1918No. Appeal, No. 239PublishedCited by 3 opinions

Appeal, No. 239, Oct. T., 1917, by defendant, from judgment of 0. P. No. 4, Philadelphia Co., June T., 1916, No. 1876, on verdict for plaintiff in case of Grocery World Publication Co. v. Ralph B. Clayberger, trading as C. Wilkinson’s Sons. Assumpsit to recover an amount alleged to be due for inserting an advertisement in a trade journal known as the “Modern Merchant and Grocery World.”

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Appeal, No. 239, Oct. T., 1917, by defendant, from judgment of 0. P. No. 4, Philadelphia Co., June T., 1916, No. 1876, on verdict for plaintiff in case of Grocery World Publication Co. v. Ralph B. Clayberger, trading as C. Wilkinson’s Sons. Assumpsit to recover an amount alleged to be due for inserting an advertisement in a trade journal known as the “Modern Merchant and Grocery World.” Before Finletter, J. At the trial it appeared that the contract between the parties was as follows: Philadelphia, Jany. 21st, 1916. Modern Merchant and Grocery World. Established 1883. Philadelphia. "Insert…

1Opinion of the Court

Opinion by

Tbexlek, J.,

In this case the agreement which is the basis of plaintiff’s claim provides, “The complete contract must be in writing as the publishers are not responsible for verbal agreements.” The defendant thus had notice that the solicitor, who entered into the written agreement to insert his advertisement in the paper which the plaintiff corporation published, had no right to. make any verbal engagements which would be binding on the plaintiff. There was no proof offered to show that the treasurer of the company when he approved the order, had any notice of any verbal agreement…

2Cases cited2 opinions

  1. W. F. Frederick Piano Co. v. LandauSuperior Court of Pennsylvania · 1917
  2. Goodman v. Whiting Lumber Co.Superior Court of Pennsylvania · 1916

3Cited by3 opinions

  1. P. F. Collier & Son v. Youngerman, Pennsylvania Court of Common Pleas, Lancaster County1922
  2. Transit Advertisers, Inc. v. Charter Construction, Inc., Pennsylvania Court of Common Pleas, Delaware County1955
  3. Universal Film Exchanges, Inc. v. Viking Theatre Corp., Pennsylvania Court of Common Pleas, Philadelphia County1959

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