Smith & Nixon Co. v. Morgan

Opinion of the Court by

Judge Carroll

Affirming on the appeal and cross appeal.

In 1910 the Smith & Nison Company brought a suit against Morgan on several notes aggregating $225, se~ *431cured by a mortgage on a player piano. The player piano was sold to Morgan in October, 1907 for $600, $375 of which had (been paid (before the suit was brought: There was printed at the head of the mortgage this notice:

“No agent or .salesman is authorized to make any contract or verbal promise differing in any wise from that written or printed below. The contract is suforject to the approval of .S'mith & Nixon…