The Archive · 1920

Edward Ezra v. The American

Sales Corporation, Syllabus

Contracts: Form. A contract is none the less "entered into.

by correspondence" because of the transmission by one party to the other of a blank form which the latter fails to sign.

2. Agency. Failure to disclose the principal's name renders the agent liable for contract entered into in the latter's name.

Judgement was delivered as under in the above case yesterday. Mr. Bryan appeared for the plaintiff and Mr. E. B. Ross for defendant. in giving judgement, his Honour said This is an action to recover back Tls. 1,123.88 being the purchase price of certain lavatory supplies ordered by plaintiff from the defendant but never delivered by reason of their non-arrival in Shanghai. The material facts are not seriously disputed though the answer denies plaintiff's averment that the parties "entered into a contract by correspondence." Defendant's theory seems to be that the contract was really evidenced by a printed form stating the items. of goods delivered and containing inter alia this clause "Tt is understood that the American Sales Corporation act as Manufacturers' Agents; all risk of shortage, damage, strikes, steamer shutting out, and late arrival or other contingencies the buyer

Text read from the printed page and cleaned; old type leaves the occasional error.

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