Parke v. Frank
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover damages for breach of a contract of agency. The plaintiffs, Parke and Lacy,| are San Francisco importers and dealers in machinery| etc., and the defendant, A. H. Frank, under the name of Frank & Co., is a manufacturer of planers and other ; o wotd-working machines in Buffalo, New York.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover damages for breach of a contract of agency. The plaintiffs, Parke and Lacy,| are San Francisco importers and dealers in machinery| etc., and the defendant, A. H. Frank, under the name of Frank & Co., is a manufacturer of planers and other ; o wotd-working machines in Buffalo, New York. For 1 some years prior to February, 1882, the Berry and Place Machinery Company and their predecessors had been the sole California agents for the sale…
1Opinion of the CourtMcKinstry, J.
—The main contention of the appellant in the court below was, that the contract of agency, not being for any definite term, was revocable at the will of the principal. Appellant claims that the rulings of the superior court, alleged to be erroneous, are exemplified by the portion of its charge to the jury which reads: “No period of time was mentioned. .... Where employment is proved, and no time is specified, the law pro- ‘ sumes it shall last and endure for a reasonable time. : What would be a reasonable time is a question for you ’ to determine”; and by the refusal of the court, on request…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by25 opinions
- S. A. Peters and Timber, Inc., of California v. Kal W. Lines, Trustee in Bankruptcy of the Estate of Snow Camp Logging Co., BankruptCourt of Appeals for the Ninth Circuit · 1960
- Elevator Operators & Starters' Union v. NewmanCalifornia Supreme Court · 1947
- Roth v. MoellerCalifornia Supreme Court · 1921
- Woolley v. Embassy Suites, Inc.California Court of Appeal · 1991
- Capital Nat'l Bank of Sacramento v. StollCalifornia Supreme Court · 1934
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