Goodman v. Haynes Automobile Co.
Court of Appeals for the Seventh Circuit
In Error to-the District Court óf the United States for the District of Indiana; Albert B. Anderson, Judge. Action by Benjamin H. Goodman against the Haynes Automobile Company. Judgment for defendant, and plaintiff brings error. Plaintiff in error, termed plaintiff herein, entered into an agreement in writing with defendant in error, herein called defendant, on September 1, 1909, at Kokomo, Ind.
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In Error to-the District Court óf the United States for the District of Indiana; Albert B. Anderson, Judge. Action by Benjamin H. Goodman against the Haynes Automobile Company. Judgment for defendant, and plaintiff brings error. Plaintiff in error, termed plaintiff herein, entered into an agreement in writing with defendant in error, herein called defendant, on September 1, 1909, at Kokomo, Ind. The contract, in substance, provides that plaintiff, being' desirous of securing the exclusive sale of Haynes automobiles in a certain territory therein described, is given such territory on certain…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). [1] The evidence in this case does not as a matter of law sustain the contention that plaintiff either by act or word consented to the rescission of the contract. At the first opportunity, and from then on, he insisted on defendant’s performance on his part thereof. He diligently, by telegrams, letters, visits, and tenders, insisted on his right to have defendant perform. Under the facts of the case, the court cannot *355say, as a matter of law, that there was a mutual abandonment and rescission of the contract. Defendant, by its flat refusal to perform,…
2Cases cited24 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- United States v. BehanSupreme Court of the United States · 1884
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
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3Cited by1 opinion
- Pfafflin v. SchmidtIndiana Court of Appeals · 1919