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Sign up freeThe Milwaukee Leader
Milwaukee, Milwaukee County, Wisconsin
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Buyer Bill Rimps writes and signs an order on a manufacturer's pad after inspecting samples, but the court rules against him in his lawsuit for non-delivery, as he cannot claim the firm's printed name without authority.
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Bill Rimps, the buyer of a certain line of goods, after inspecting the samples in the salesroom of a certain manufacturer, borrowed an order pad from one of the employes in the room. The order pad contained the name of the firm printed at the top and had lines drawn across for the various items, price and lots. Rimps looked around once again and then wrote on the order pad various items of the goods he saw at the prices marked, signed it, and handed the sheets to the employe who loaned him the pad. The employe returned the carbon copy marked the original to keep. Rimps then left. But no goods were sent. Rimps waited a while and still none came. So he wrote the manufacturer citing the order, and when the manufacturer seemed to ignore it completely, Rimps filed suit against him.
How would you decide this case?
Make up your mind before you read the decision.
The decision:
The court held against Rimps.
The judges reasoned thus:
True, the printed name at the top of the order blank is the same as the signature to a written order, but the written order must be that of the person owning the signature or one of his agents. Here the writing was done by Mr. Rimps. This was as though he were trying to appropriate the printed signature which, of course, he could not do.
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Salesroom Of A Certain Manufacturer
Story Details
Bill Rimps inspects samples, borrows an order pad, writes and signs an order for goods at marked prices, hands it to the employee who keeps the original; no goods sent, Rimps sues, but court holds against him as he cannot appropriate the printed firm name by signing himself.