Legal Opinion

Outcault Advertising Co. v. Ritchey

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 92PublishedCited by 5 opinions

Appeal, No. 92, April T., 1916, by plaintiff from, judgment of C. P. Venango Co., Aug. T., 1913, No. 19, on verdict for defendant in case of Outcault Advertising Company v. Claude C. Ritchey and Frank H. Bower, doing business in the name of Ritchey & Bowers. Assumpsit for goods sold. Before Criswell, P. J. , The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiffs appealed.

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Appeal, No. 92, April T., 1916, by plaintiff from, judgment of C. P. Venango Co., Aug. T., 1913, No. 19, on verdict for defendant in case of Outcault Advertising Company v. Claude C. Ritchey and Frank H. Bower, doing business in the name of Ritchey & Bowers. Assumpsit for goods sold. Before Criswell, P. J. , The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiffs appealed. Error assigned was in refusing to give binding instructions for plaintiffs. cited: Scientific American Company Dept. v. Creighton, 32 Pa. Superior Ct. 140; Suffolk Peanut…

1Opinion of the Court

Opinion by

Williams, J.,

This'was an action of assumpsit to recover for advertising matter furnished to the defendants by the plaintiff *599under a written contract dated March 1, 1910. It appears that plaintiff’s agent, one Sexton, induced the defendants to sign the contract sued on by offering to ship the advertising matter subject to approval with the right to return within a reasonable time. The defendants were induced to sign an absolute order and it appears that there was printed vertically on the left hand margin of the paper in small type the following: “Salesmen aré not authorized to alter…

2Cases cited5 opinions

  1. Croyle v. Cambria Land & Improvement Co.Supreme Court of Pennsylvania · 1912
  2. Ferguson v. Rafferty, Pennsylvania Court of Common Pleas, Clearfield County1889
  3. Ridgeway Dynamo & Engine Co. v. Pennsylvania Cement Co.Supreme Court of Pennsylvania · 1908
  4. Tranter Manufacturing Co. v. BlaneySuperior Court of Pennsylvania · 1915
  5. Noel v. KesslerSupreme Court of Pennsylvania · 1916

3Cited by5 opinions

  1. Holcomb & Hoke Manufacturing Co. v. GambaSuperior Court of Pennsylvania · 1922
  2. Meyercord Co. v. Gwilliam Manufacturing Co.Superior Court of Pennsylvania · 1924
  3. W. F. Frederick Piano Co. v. LandauSuperior Court of Pennsylvania · 1917
  4. Lake Erie Nursery & Seed Co. v. EdwardsSuperior Court of Pennsylvania · 1925
  5. Metropolitan Refining Co. v. Beaver Valley Mill Supply Co., Pennsylvania Court of Common Pleas, Beaver County1930

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