Peerless Pattern Co. v. Barthen

<p>Abstract of the Decision.</p> <p>I. Contracts, § 171*—construction as a Whole. The entire language of a contract should be construed together.</p> <p>2. Contracts, § 196*—when written clause prevails over printed clause. Where a written and printed clause conflict, the former prevails.</p> <p>3. Contracts, § 196*—how contract for purchase of goods containing written and printed clauses construed. A contract for the sale of dress patterns, fashion books and fashion guides wherein the seller was authorized to ship the purchaser “an assortment of new Peerless Patterns” to be “issued at 5 cents each, not to exceed an average of $10.00 per month, one each size of every new pattern issued except 32 bust,” the portion in italics being written and the remainder printed, construed as controlling and as obligating the purchaser to purchase patterns of the value of $10 monthly only if the value of new patterns except 32 bust amounted to such sum each month.</p> <p>4. Contracts, § 384*—when evidence sufficient to sustain finding that purchaser of patterns returned them, for credit on - standing debit. In an action for an alleged breach of a contract to purchase patterns and fashion guides for a certain period under which goods of a certain value were to be considered as a standing debit and to draw interest throughout the term of the contract, after the expiration of which, all conditions having been fulfilled, the defendant could return all “live patterns in good saleable condition” at the original purchase price, in payment of the standing debit, evidence held sufficient to sustain a finding- that when the purchaser returned the pattern shortly after entering into the contract he intended to return them for credit on the standing debit and not on the “discard account.”</p> <p>5. Damages, § 66*—what recoverable for breach of contract to purchase goods for definite period. In an action for alleged breach of a contract to purchase patterns and fashion guides for a definite period, under which goods of a certain value were to be considered as a standing debit and to draw interest throughout the term of the contract, after the expiration of which, all conditions having been fulfilled, the defendant could return all “live patterns in good sale-able condition” at the original purchase price, in payment of the standing debit, where defendant rescinded the contract and returned the patterns on hand shortly after the beginning of the term of the contract with the intention that credit be given him on the standing debit, held that plaintiff was entitled to recover the interest on the standing debit only during the period that the goods were retained and also, as minimum damages, its loss of profits sustained as a result of the failure of the defendant to purchase new patterns and as a result of the failure to order fashion guides in such numbers as were provided for in the contract.</p>