Harris

Defendant appeals from a judgment in favor of plaintiff for the agreed purchase price of an adding machine. The machine was delivered to defendant about September 22, 1927, and was returned to the plaintiff October 1. The questions presented by the appeal are whether there was a contract of sale and, if so, was it canceled when the machine was returned?

C. A. Irons, a salesman working either for the plaintiff or for the Adding Machine Exchange store at 562 Market Street, San Francisco, obtained the signature of the defend-' ant to an order or contract made out upon a printed form which was apparently prepared and supplied by plaintiff.' It read: “Please enter the order of the undersigned for the following secondhand adding machines. ’•’ Here follows description of the machine and numerous clauses defining the obligations of the parties. The document contained the fur-' ther clause: “This order is not binding until accepted by the Company at its Executive Office. Notice of acceptance is hereby waived by the undersigned.” A blank space was provided at the end of the form for the signature of someone on behalf of plaintiff at its executive office.

B. Harris is the defendant and the…