CAITSES OF REJECTIONS OF BOXED APPLES 13 



written instrument. But as a matter of good practice it is always 

 wise to confirm telegrams by letter or by sending through the mails a 

 copy of the telegram, to guard against errors in transmission. 



In stating the foregoing, it is assumed that the telegrams contain 

 all the essential elements of a contract. In wire sales through bro- 

 kers, it is advisable, in order to have proof of agency, available, that 

 there be secured a written confirmation, signed by the buyer, of the 

 broker's action in consummating the sale. Sellers often accept tele- 

 graphic orders from brokers or salesmen without the buyer's confir- 

 mation in writing. This failure to secure sufficient evidence of the 

 sales is due, not to the policy of most sellers, but to the failure of the 

 brokers or other representatives, for various reasons, to secure the 

 signed confirmation. Therefore, many f. o. b. sales are not in shape to 

 enable the seller to maintain an action on the contract, although they 

 were confirmed by wire by his broker in accordance with customary 

 trade practice. The following is the form of the standard confirma- 

 tion of sale recommended by trade organizations. 



STANDARD CONFIRMATION OF SALE 



Date ordered 



Check how sold 

 Date confirmed 



Telephone 



Telegraph 



Letter 



The Broker or Salesman on receiving notice of the Seller's acceptance of the 

 Buyer's order shall fill out this Standard Confirmation of Sale in triplicate and 

 present all three copies to the Buyer for authentification by his signature. The 

 Broker or Salesman shall also sign the three copies on behalf of the seller and 

 shall deliver one copy to the Buyer and one to the Seller and shall retain the third 

 for his file. This Standard Confirmation of Sale as authenticated by the Buyer 

 and Broker or Salesman shall constitute the complete contract of sale and neither 

 party shall have the right to rely on oral representations or promises of the other. 

 All modifications must be in writing and authenticated in the manner provided 

 above for this Standard Confirmation of Sale to which such modifications shall 

 refer. Unless the Seller makes immediate objection upon receipt of his copy of 

 this Standard Confirmation of Sale, sho\\ing sale was made contrary to authority 

 given the Broker or Salesman, he shall be conclusively presumed to agree that 

 the terms of sale as set forth herein are fully and correctly stated. 



City Date 192__ 



Sold to (Buyer) (P. O. address) 



Ship to Destination 



Advise 



Railroad delivery preferred Postive routing 



Sold for account of (Seller) (P.O. address) 



Shipment from Shipping station or district 



Time of shipment Rolling car 



(If car sold while rolling state date of shipment and approximate location when 



possible, also routing.) Car No. and initial 



How shipped or to be shipped 



(Iced, ventilated, standard ventilation, shipper's protective service, or carrier's 



protective service.) Style of equipment — Refrigerator car 



Box car Ventilated car Stock car 



(Style of equipment to be designated by check or cross.) 



Sale made (f . o. b. or delivered) Terms, how payable 



Special agreement, if any 



(It is understood, unless otherwise stated herein, this sale is made in con- 

 templation of and subject to the Standard Rules and Definitions of Trade 

 Terms printed on the back hereof.) 



