Smith v. Diem

The following is the opinion of the referee:

Charles B. Wheeler,

Official Referee. The plaintiff has brought this action to recover the purchase price of a quantity of cigars. The amount of the bill for cigars is not disputed. The defendants, however, have asserted a counterclaim for damages growing out of the alleged breach of a contract with the plaintiff by which it is claimed the plaintiff had agreed to give the defendants the exclusive agency to sell the brand of cigars within certain territory in Hew York and Pennsylvania and that in violation of such agreement had refused to make further…