Sparks v. Reliable Dayton Motor Car Co.

The opinion of the court was delivered by

Porter, J.:

The plaintiff and the defendant entered into a written contract on the 28th day of May, 1907, by which the defendant agreed to give the plaintiff the exclusive agency for the sale of its automobiles in the counties of Osborne, Mitchell, Cloud, Clay, Washington, Republic, Jewell, Smith, Phillips and Rooks, in the state of Kansas, and further agreed not to sell its machines within that territory except to the plaintiff, in consideration of which the plaintiff agreed to push the sales within the territory mentioned to the best of his ability.…