Missouri Paint & Varnish Co. v. Merck

This suit was brought by appellant against appellee in the circuit court of Jefferson County to recover $522 and interest for roof paint sold by the salesman of appellant to appellee upon a written order. The order was signed by appellee and the salesman, was absolute on its face, and, in addition to other provisions, contained the following conditions:

“This order is not subject to countermand.

“This order is not sold on consignment or approval.

“No agreement recognized unless incorporated in writing on original or duplicate of orders. ’ ’

Appellee interposed the defense to the alleged cause of…