If a so-called contract of sale is by its terms not to be binding upon the seller until approved by a specified officer, an action can not be maintained upon such contract unless it has been thus approved.1 An order for goods given to a traveling salesman, accepted subject to acceptance by his employer, can be revoked by the party giving the order at any time before such acceptance,2 even if the party making the offer deposited notes as part of the offer, and the principal of the agent accepts after the withdrawal.3 An order taken by a traveling salesman is said to be prima facie subject to the approval of his principal.4 On the other hand, it is said that an order for goods which is solicited by the agent of the seller, is presumed to be accepted at once.5