Outcault Advertising Co. v. National Furniture Co.
Court of Appeals of Georgia
Action on contract; from city court of Wrightsville — Judge Kent. 'May 11, 1909. The National Furniture Company entered into the following contract with the Outcault Advertising Company: “November 18th, 1907. To the Outcault Advertising Company, Chicago, 111. Gentlemen: — For one year beginning December first ship us by express, at our expense, your “Ad Service” consisting of One Little House Maid for each week. Equalize freight and express.
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Action on contract; from city court of Wrightsville — Judge Kent. 'May 11, 1909. The National Furniture Company entered into the following contract with the Outcault Advertising Company: “November 18th, 1907. To the Outcault Advertising Company, Chicago, 111. Gentlemen: — For one year beginning December first ship us by express, at our expense, your “Ad Service” consisting of One Little House Maid for each week. Equalize freight and express. We agree to pay you net cash on receipt at the rate of $2.00 per week, we to have the exclusive right to use same in our city only, and to hold said type…
1Opinion of the Court
Hill, G. J.
(After stating the foregoing facts.) We think the court erred in admitting the testimony of the manager of the company, objected to, as to the .representations of plaintiff’s agent when the contract was made. The contract was in writing, was unambiguous in its terms, and imported a legal obligation. A prior, contemporaneous, or subsequent parol agreement was inadmissible to vary its terms. Civil Code, §5201; Fleming v. Satterfield, 4 Ga. App. 351 (61 S. E. 518). The contract expressly states, upon its face, that “salesmen are no.t authorized to alter this contract by a verbal…
2Cases cited2 opinions
- Barrie v. SmithSupreme Court of Georgia · 1898
- Fleming v. SatterfieldCourt of Appeals of Georgia · 1908
3Cited by3 opinions
- Germain Co. v. Bank of Camden CountyCourt of Appeals of Georgia · 1913
- Georgia Agricultural Works v. PriceCourt of Appeals of Georgia · 1912
- Red Line Products Co. v. J. M. High Co.Court of Appeals of Georgia · 1938