Griesa v. Thomas

The opinion of the court was delivered by

Dawson, J.:

The plaintiffs sued the defendant for the contract price of certain catalpa seedlings. The contract was in the form of a printed and written order and signed by the defendant. In the body of the text, in prominent capitals and above the defendant’s signature, were the words, “I Agree That This Order is Not Subject to Countermand,” On the margin, in plain type, it was printed:

“Our Agents are not authorized to vary from the printed terms hereof. Read the notice at the bottom of this blank.”

At the bottom of the blank, following the schedule of…