Forbes Drug Co. v. Bernard Manufacturing Co.
Court of Appeals of Georgia
Complaint; from Dooly superior court—Judge George. July 10, 1916. The action was on certain promissory notes of the defendant to the plaintiff.
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Complaint; from Dooly superior court—Judge George. July 10, 1916. The action was on certain promissory notes of the defendant to the plaintiff. The defendant pleaded failure of consideration and illegality of consideration; that the consideration was that the plaintiff was to put on sale for the defendant what was known as “The Bernard Manufacturing Company’s Trade Booster Methods,” the scheme being that the plaintiff would advertise the defendant’s retail drug business in the city of Vienna, Georgia, by the formation of clubs, the putting on of different kinds of contests, the giving of…
1Opinion of the CourtJenkins, J.
The contract which was the basis of the notes sued on was not subject to the criticism made that it was a lottery scheme or device, and therefore illegal and non-enforceable. The evidence shows, by the admissions of the defendant, that he failed to comply with the terms of the contract, and was responsible for its non-performance. The written agreement between the plaintiff and its own salesman, admitted in evidence, if irrelevant, was harmless. - The court having charged the jury that the plaintiff could not recover if the consideration of the contract had failed, no injury to defendant was…
2Cited by2 opinions
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