Smith v. Bank of Marianna

Hart, C. J.,

(after stating the facts). The sole reliance of the plaintiff for a reversal of the judgment is that the court erred in allowing the defendant to introduce evidence to show that the salesman of the plaintiff represented, at the time the contract was executed, that the reading material would “tie-in” with the cuts. No such provision was inserted in the contract. On the contrary, in plain terms the contract recites that it is the sale of “seventy-eight Who’s Who advertising engravings with ads and lobby cards, bulletin, and copy of monthly letter. ’ ’ The contract provides that all…