Coin Machine Review (& Pacific ...)

Issue: 1944 June

tiations to a formally written instrument or
build it up as a result of offer and accept-
ance in the form of telephone conversa-
tions, letters or wires, the basic essentials
of a contract must be present in order to
AVAILABLE FOR ROUTES OF
bind the parties_
Under the Statute of Frauds in this state,
an agreement for the sale of goods of $500
or over must be in writing or an action for
IN THE STATE OF CALIFORNIA
its breach cannot be maintained, unless the
HIGHEST MARKET PRICES PAID
buyer accepts part of the goods or gives
something in partial payment of it_
Obviously, if the negotiations fo r a sale
BOX 560
or purchase are not reduced to a formally
drawn document then the various letters,
telegrams or other written memoranda
must, taken together, spell out an agree-
ment.
ters or telegrams it is held to have been
the party from performil
Often an essential element of a contract
made at the place where the letter is mailed it is better to provide
in the offer or counteroffer and accept-
pressly stipulating it as B
ance is missing but is not detected until it or telegram filed, containing an uncondi-
tional acceptance by one party of the offer
excuse co mplete perform!
becomes necessary to seek the enforcement
of the other, unless the offeror stipulates
A failure to deliver I
of the legal rights and liabilities of the par-
h e must actually receive the acceptance to
does not excuse the sel
ties, because of a breach of failure of per-
. co nstitute an agreement.
the ship on which the
formance by one of them.
If the communications are oral, su ch
ried is torpedoed aml
Consequently, it is not unusual for ex-
as b y long distance telephone, the sarrie
seller cannot obtain rei
perienced forei gn traders to standardize on
principle would require that the con·
goods if such a contin~
a form of agreement which makes provision
vided against in the co
tract should be deemed to have been
for all of the usual contingencies in for-
eign trade and provides for the remedies made in the country where the offer er has the promised p.
of one is accepted b y the other. The
only those causes whic
available- to th e injured party.
place _ where the last act necessary to
gether have agreed
Quite obviously, too, it is not always
complete it was done will determine causes excusing perf()
possible ~o delay the completion of a
the place of contracting.
recognized.
transaction pending the signing of the
In wartime, perhaps more so than during
Ordinarily, time of d.
agreement b y the parties, and much
normal periods, there is likely to arise more
tion is not of the essenc.
foreign trading, is accomplished by ca·
contingencies to prevent full or timely per-
of sale or purchase in for
ble, by correspondence and b y the is·
delays which are not chal
formance of contracts. Since most such
suan ce of formal purchase orders with.
even ts are usually beyond th e control of er can not be made the I
out prior negotiations.
damages for failure to d,
the parties, it is next to imperative that all
Since this discussion is concerned only
of the causes which might arise to prevent
time.
with the legal aspects of these negotiations,
performance and which are beyond the con-
we must necessarily concern ourselves with
Because of the possibi:
trol of the parties be excused or expressly
th e question at all times whether the inten-
herent in foreign trade i
tion of the parties as expressed by the excepted from the co ntract conditions.
advisable to promise fix.
words used by them in their exchan ge of
3. Claims.
As a general rule a party is bound to per-
cables and other writing has spell ed out an
The subject of claims j
form th e promises he has made no matter
enforceable agreement.
what may interfere to prevent full perform- standpoint of demands a
Manifestly the subject of co ntracts of ance. If he wants to escape liability for
(See EXPORTING
purchase a nd sale is too vast to go into any
nonperformance he should provide against
great detail here concerning what language
impossibility of performance, whether it be
used by the parties under such circum- of an act of God, or of war, or even of
stances shows an intent to form a binding
death itself, unless, of course, in this latter
contract.
situa tion the con tract contemplates the per-
But suffi ce it to say that the essen ti ~ 1 ele-
sonal services of one or both of only the
ments of a contract consisting of considera-
parties themselves.
tion, offer and acceptance, competen t par-
FreJIuently governmental rules or legisla-
ties and lawful subject matter will general- tive enactm en ts will abrogate private agree-
ly, in the absence of fraud or mistake form
ments, and while in gene~al this will le-
a binding agreement.
gally prevent performance and discharge
Where th e parties to an agreement of sale
or purchase have not expressed their inten-
Manufacturers of slot ejectors a nd beverage
tion as to which law shall govern their
vendor mechanisms are invited to contact
rights and liabilities, th e court may decide
prospective assemble.- of Bottle Beverage
Vendors.
that th e place of contractin g or the place of
performance con trols. A cont rac t is sup-
BOX 580
posed to be made at some place, and the
place where it becomes complete is the
COIN MACHINE REVIEW
place where it is made.
1115 Venice Blvd •• Los Angeles 15. Cal.
If a con tract is made by exchange of let-
UNLIMITED IMMEDIATE CA
COIN-OPERATED EQUIPMEI

CO'N
MACH'NE
rtEV'EW
14
"art
JUNE
1944
IDfalm~
PBBI!
Write MILLS /NOVELTY COMPANY 4100 Fullerton%15enue
Chicago, Illinois, for latest Coin Machine Information
If You V
to BIl
ANYTH
in Coin-Opl
Equipml
-
SEE
'PAUL A. L1
THE BLUE BLOODS OF THE INDUSTRY READ THE REVIEW EXCLUSIVELYl
FOR T MEYER S. Fla. -Robert Nor-
man is winding up his Arcade operations
here to be ready for his return to the navy
as a chief petty officer. Bob was formerly
with International Mutoscope in New
York and lately had Arcades here and in
Tampa, Clearwater and St. Petersburg.
D ES MOINES, l a .-C. Aubrey Gibson
has disposed of his music store to Joe
Epstein of Superior Sales Co., and in-
tends to leave for California in the near
future. Epstein previously acquired the
phonogra ph routes of Gibson Distributing.
The store will be used for sale of new and
used reco rds.
WASHINGTO N, D. C. - Good news
for ice cream manufacturers and operators
of ice cream vendors came from the War
Production Board the first of May when
manufacturers were permitted a slight in-
crease in the butterfat content of ice
cream.
CHICAGO -AI Sebring is laying aside
a little of the fami ly fortune to plank on
brother M. J,'s nags when they race at
Sportsman's Park this season. AI i~ head
of Bell Products Co. and is not as enth us-
iastic a racing fan as M. J.
ST. LOUI S - Three years ago Carl
.Trippe of Ideal Novelty Co., donated an
automatic phonograph to the local USO
and since then the "thanks" have been reo
peated many times. A recent letter told
Trippe how the boys danced to the music
the machine provided every night.
Portable flame
ARC WELDERS
Life Saver for the Duration
PAUL A. LAYMON
DISTRIBUTOR
1503 West Pico
Los Angeles 15
See Ad on Page 16
Nafional
News Hole
. SALISB U RY, N. C.-A signal honor
befell Frank H. Burns of the Burns Music
Co., recently when he was appointed com-
missioner of Boy Scouts for Rowan county.
D E TROIT-Henry C. Lemke swore off
work on May 7th and settled down for a
little good old fashioned celebratin' for
it was a triple occasion for Henry. It was
his 45th birthday, his 25th wedding anni-
versary and the 25th anniversary of his
ent ry into the coin machine field.
WASHINGTON- The Office of Price
Administration has relaxed the rationing
regulations on new' and used tires for
small-sized truck and passenger cars. Or·
der is due to the increased manufacture
of synthetic rubber tires.
HOLLYWOOD-The Hoosier Hot Shots,
h ill billy combo, arrived here on May 10th
to do a picture for Columbia Pictures as
the first of a contract calling for five and
an option of four more.
NEW YORK - Ph il Gould underwent
an operation for appendici tis at the Jew·
ish hospital in Brooklyn and is now well
under way to complete recovery.
CLEVELA ND - The Cleveland Phono·
I!raph Merchants' Association tied in wi th
the WAVE Recruiting Drive by posting re-
crui ting information on each of the memo
ber phonographs. Tie·in is to run for six
months.
NEW YORK - John Fitzgibbons, Jr.,
son of the well·known co in man, is now at
the Columbia Universi ty midshipman train-
ing school.
D E TROIT - Two important route
changes were made here during the past
month. C. L. Chadwick decided to kiss the
coin machi'ne field a temporary good·bye
and operate a tavern and has disposed of
h is music operation . Second deal concerns
the Hornbeck Music Co., Dearborn, which
has been taken over by Lena Hornbeck
and a new entry to the busi ness, Louis
Ambrosine. F irm is around ten years old
and has a fairly large music operation in
the city and suburban towns.
PHILAD ELPHIA- April 30th was a
big day for Joe Silverman, business mana·
ger of the local marble table association.
His son, Lieut. Alvin Silverman who had
received his wings several days before,
Welllmown Distributor of merchandise and merchandise vend-
ing machine equipment, supplies and accessories, desires lines
for exclusive distribution in 11 Western States.
Set up in every way to handle trade requirements for the dura-
tion. Financially in a position to handle on extremely reliable
basis.
Interested in high grade lines only. All correspondence in strict-
est confidence. Reply to:
R. A. PARINA & COMPANY
156 9th St.
San Francisco 3. Calif.
planed home to marry Blanche S. Jaffee
at Beth Sholom Temple. Silverman has
another son, Amond, who is a seaman 2/ c
in the service.
D ALLAS- Mr. and Mrs. Frank O'Brien
announce the recent arrival of Kathryn
Ann O'Brien. Pappy is head of the. Acme
Amusement Co.
NEW YORK- A meeting of the Ar·
cade Owners' Association was held May
4th at the Hotel Abbey. AI Blendow, AOA
prexy, reveals this to be the last meeting
of the spring season.
CLEVELAND - Morris S. Gisser of
Cleveland Coin Machine Exchange, has
received a very laudatory letter from S. H.
Mandel, chairman, Cleveland B'nai B'rith
War Service Council, thanking him for a
donation of games for the recreational
room at Crile Memorial hospital which has
just opened to care for members of the
armed forces wounded in action.
K ANSAS CITY, Mo;-16 months' liti·
gation came to an end here the last of
April when Mars, Inc., Chicago candy bar
manufacturers, agreed to pay a fine of
$515,000 in settlement of the Office of
Price Administration's treble damage claim
action. Damages totalIng $1,235,000 were
sought for overcharges the firm is claimed
to have made on candy sold between Aug·
ust 1, 1942 and December 24, 1942. Judg·
ment was the largest obtained to date by
OPA.
CH ICAGO -Ted Kruse and Gertrude
Remde have set June 3rd as the date for
wedding bells to ring for them in the bride·
to·be's home town of Aberdeen, S. D. Ted
is a partner in the firm of Kruse and Con·
nor operating the new Amusematic Play·
room, and Gertrude- she's a cashier in
the spo t.
CH E YENNE, W yo.- The Royal Music
Co., pho nograph operating organization,
has been taken over by a group of Chey-
enne business men, from Denver interests,
and Charles J . Hughes, on leave of absence
from Cheyenne Light, Fuel and Power Co.,
is in charge of operations for the present.
Firm has around 100 machines operating.
COIN MACHINE
rlLMS
for PANORAMS
and PANORAM
"PEEK SHOWS"
FULL LENGTH "A"
PICTURES ONLY
New Releases Weekly
Send for List
I.ES 1.0RDEN
FILM EXCHANGE
244 S. Western Ave.
Los Angeles 4. Calif.
THE BLUE BLOODS OF THE INDUSTRY READ THE REVIEW EXCLUSIVEL Yl
COIN
MACHINE
REVIEW
1S
FOR
JUNE
1944

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