Birdwell v. . Moale ( 1924 )

Pee Ctjeiam.

' Assignments of error made by appellants cannot be sustained. The contract between plaintiff and defendants was negotiated by the agent of the defendants, who had expressly notified plaintiff that such agent would call to see him for the purpose of negotiating such contract. The failure of the agent to forward to defendants a duplicate of the contract, as signed by plaintiff and by the agent acting for the defendants, cannot affect the liability of defendants. It was stipulated in the order that same was subject to approval by defendants. The contract and the order were executed contemporaneously, and the rights and liabilities of plaintiff and defendants are fixed and determined by the contract and the order construed together. The breach of the contract, as alleged by the plaintiff, has been found by the jury upon competent evidence.

Defendants’ exceptions are not' sustained. The judgment must be affirmed. There is

No error.