Callender v. Myers Regulator Co.

On September 19, 1927, the plaintiff and defendant entered into a written agreement wherein the defendant granted to the plaintiff the exclusive license, with certain exceptions, to sell a device for the raising and lowering of the windows in automobiles, known as the “Myers Regulator,” at a stated commission “per regulator.” The plaintiff agreed to sell not less than 500,000 regulators the first year, not less than 750,000 the second year, and not less than 1,000,000 the third year “and each year thereafter up to a period of five years from the date thereof.” The defendant agreed to pay “all…