Morrow-Smith Co. v. Cleveland Traction Co.

Opinion by

Mr. Justice Simpson,

Plaintiff and defendant entered into a written agreement by which the latter gave to the former an exclusive contract, within a designated territory and for a limited period, to sell defendant’s tractors at specified prices f. o. b. defendant’s factory, plaintiff’s compensation to consist of certain discounts on those prices. Defendant breached the contract by itself selling, during the term of the contract, six tractors within the exclusive territory, and refusing to deliver one sold by plaintiff. Plaintiff brought the present suit to recover the amounts allowed…