Dilworth v. Brown & Bigelow

Opinion by

Baldrige, J.,

This is an appeal by defendant from a judgment obtained by plaintiff in a suit for an alleged breach of a written contract.

Under the contract, plaintiff agreed to sell, on commission, for defendant, Christmas cards, calendars, etc., for the period from December 26, 1930, to December 31, 1931, and to work under its directions, and to render daily reports. The contract contained the following paragraphs:

“It is further agreed that this contract is subject to cancellation by Brown & Bigelow if at any time the party of the second part fails to carry out its provisions, or…