Creasey Corp. v. Dunning

The trial court ruled that the first paragraph quoted in the statement of facts was so- ambiguous as to permit oral testimony showing the understanding of the *393defendant’s agent. That understanding is stated in the testimony above quoted and is summarized in the following question in the special verdict:

“At the time when defendant’s wife, Mrs. Margaret Dunning, acting as his agent, signed his name to the membership or. service contract, did plaintiff’s agent, Miss Peterson, state and represent to Mrs. Dunning in substance that whenever the defendant paid in full his subscription of $300 on…