Fuchs v. Standard Thermometer Co.
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Walter M. Fuchs against the Standard Thermometer Company for services rendered under a special agency contract. Judgment for defendant on a directed verdict. Plaintiff brings error. In the month of January or February, 1910, plaintiff entered into an oral contract with defendant by the terms of which he became agent for the city of Detroit and vicinity for the sale of an automobile speedometer manufactured by defendant.
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Error to Wayne; Hosmer, J. Assumpsit by Walter M. Fuchs against the Standard Thermometer Company for services rendered under a special agency contract. Judgment for defendant on a directed verdict. Plaintiff brings error. In the month of January or February, 1910, plaintiff entered into an oral contract with defendant by the terms of which he became agent for the city of Detroit and vicinity for the sale of an automobile speedometer manufactured by defendant. The time during which the contract was to be in force was left indefinite, though plaintiff testified he was to have the exclusive…
1Opinion of the Court
Brooke J.
(after stating the facts). At the outset we are satisfied that there can be no recovery upon the quantum meruit. Sullivan v. Railway, 135 Mich. 661 (98 N. W. 756, 64 L. R. A. 673, 106 Am. St. Rep. 403). Plaintiff himself testifies to a definite contract, and his right to recover must be predicated thereon. That contract was confessedly indefinite as to duration and left the plaintiff at entire liberty to abandon his employment at any moment. In case it was terminated at any time it contained no provision for compensating plaintiff for the time and money he had expended in introducing…
2Cases cited2 opinions
- Wilkinson v. HeavenrichMichigan Supreme Court · 1886
- Sullivan v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1904
3Cited by11 opinions
- Bushwick-Decatur Motors, Inc. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1940
- Garlock v. Motz Tire & Rubber Co.Michigan Supreme Court · 1916
- Green Bay Auto Distributors, Inc. v. Willys-Overland Motors, Inc.District Court, N.D. Ohio · 1951
- Geistert v. SchefflerMichigan Supreme Court · 1946
- Northwestern Marble & Tile Co. v. SwensonSupreme Court of Minnesota · 1918
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