Cable Co. v. Hancock
Court of Appeals of Georgia
Complaint, from city court of Athens — Judge Cobb. June 29, 1906. The plaintiff’s traveling salesman induced the defendant to buy a piano, but the salesman did not have the authority to make a binding contract of sale.
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Complaint, from city court of Athens — Judge Cobb. June 29, 1906. The plaintiff’s traveling salesman induced the defendant to buy a piano, but the salesman did not have the authority to make a binding contract of sale. He took, however, a written instrument, signed by the defendant, reciting that the plaintiff had agreed to sell him a described piano for a given sum, to be paid at named dates in the future; the condition being annexed that the title should remain in the seller until paid for. It was expressly recited, however, that the contract was subject to the approval of the plaintiff The…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.) The usual and implicit power of a traveling salesman is merely to take orders, offers to buy, and not to make completed contracts of sale. Such was the fact in this case. Even in the absence of a condition in the written instrument itself requiring approval or acceptance by the principal, the law would have implied such a condition in the transaction. The writing (although in form, save only for the clause requiring approval, a binding contract) needed something to make it complete, viz., the acceptance of its terms by the opposite party; for, until the…
2Cases cited6 opinions
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- Brunswick Grocery Co. v. LamarSupreme Court of Georgia · 1902
- Atlanta Buggy Co. v. Hess Spring & Axle Co.Supreme Court of Georgia · 1905
- Lloyd & Pulliam v. Wright, Griffith & Co.Supreme Court of Georgia · 1858
- Loyd & Pulliam v. Wight, Griffeth & Co.Supreme Court of Georgia · 1856
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3Cited by14 opinions
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