Taylor Bros. Churn & Mfg. Co. v. Ellison

Opinion by

RAY, O.

This is an action upon a number of promissory notes given by the defendant to plaintiff for the exclusive right to sell a patented, churn manufactured by the plaintiff, and to be applied upon tbe price paid for the churns to the extent of $1 each upon the wholesale price of all churns required in the territory assigned.

The defendant answered, admitting the execution of the notes, but alleged that it was understood' between the parties:

“* * * That if the defendant did not sell 50 chums before the last note became due in the territory assigned to him under said contract, that…