Eagle Package Co. v. Kincus

Opinion by

Porter, P. J.,

This is an action of assumpsit to recover fox'1 goods sold and delivered. The statement of claim averred that the defendant had given a written order to the plaintiff for nine thousand sanitary food containers at a specified price, and there was attached thereto a copy of said written order which contained the following covenant, viz: “No agreements or representations verbally or otherwise will be recognized unless specified in this order.” The defendant filed an affidavit of defense which did not deny that he had ordered the goods nor that they had been delivered to…