Creamery Package Manufacturing Co. v. Bennett (1920) · DecisionDepot

Creamery Package Manufacturing Co. v. Bennett

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Court of Appeal Jul 28, 1920 No. Civ. No. 3459.Published

Before: Langdon

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Holding. The court held that the entire document, including provisions appearing after the signatures, constituted a single integrated contract, and that the defendant was liable for additional items ordered under the contract's terms regardless of whether they were for his personal use or a third party.

Issues

Whether items listed after the signatures on a contract are enforceable as part of the agreement.
Whether the defendant is liable for additional materials and labor ordered under an omnibus clause in the contract.
Whether the defendant is bound by orders placed by a manager under the doctrine of ostensible agency.

Disposition. affirmed

Quotations verified verbatim against the opinion

“A consideration for a contract is equally valuable whether it move to the other party bound or to a third party.”

Synopsis

The facts are stated in the opinion of the court.

[707]

LANGDON, P. J.

This is an appeal by the defendant from a judgment against him in an action for the agreed price of certain machinery and labor to install the same. The action is based upon a written contract which is set out in the complaint. This contract calls for goods to be shipped to Chowchilla Creamery, Chowchilla, California, at a price of $1,775. It also contains an agreement to pay “six dollars per day and traveling, hotel and other reasonable expenses, for an expert machinist to superintend and to assist in the setting of said machinery,” etc. This contract is signed by plaintiff by its agent, and by the defendant. The contract is in a form that opens like a book, and consists of two sheets, or four pages. The first two pages contain the stipulations above set out, and the agreement is signed upon printed lines, for the signature appearing about the middle of page 2. Upon the third page, which, as stated, is formed merely by folding over in book form a single sheet of paper upon which the first two pages appear, there is a specification of the articles ordered, together with the prices of each. These items appear in a column headed: “Complete list of articles covered by attached contract; Catalogue Price List; Net Selling Price.” The total of the sums charged for the respective articles is $1,775, corresponding to the amount called for by the body of the contract.

The items over which the dispute arises were furnished under the following paragraphs which appear upon this third page directly under the enumeration of the articles purchased:

“The company will furnish an experienced ice machine and creamery erecting engineer to install the above machinery and to overhaul and rebuild the complete creamery equipment, using as much of the old equipment as is possible, at the rate of $6.00 (six dollars) per day with traveling and living expenses extra.

“The company will furnish such new materials and apparatus as are necessary to complete the plant and not specified above on the basis of cost plus 10% (ten per cent).

“The company will furnish plans and specifications for the purchaser to work from in building cold storage room.”

[708]

Creamery Package Manufacturing Co. v. Bennett

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Synopsis

LANGDON, P. J.

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