Jobbers Overall Co. v. C. S. Hollister Co.

Plaintiff’s agent secured from tbe defendant a paperwrit-ing purporting to be an unconditional order for certain overalls to be shipped by plaintiff to defendant. Tbe writing contained tbe following stipulation: “This contract is not subject'to cancellation unless delivery is delayed beyond a reasonable length of time.” There is no contention of any delay in delivery.

Defendant denied liability and, upon tbe trial, offered to sbow that tbe order in question was given witb tbe distinct understanding and upon tbe express condition tbat tbe same should not become effective or operative if certain…