Hercules Powder Co. v. Rowan

Appellee was operating a coal mine at Equality and gave appellant a written order for 800 kegs of powder at $2.05 per keg. The order was accepted, the powder shipped and received but never paid for. This suit was brought to recover the purchase price. The trial resulted in a verdict and judgment for appellee.

Appellant contends that as the order was signed by appellee and accepted in writing by appellant it was a written contract which could not be altered or varied by parol evidence; that the court erred in allowing appellee to testify that appellant’s agent agreed to ship the powder on…