Ritter v. Perma-Stone Company

Plaintiff in error, plaintiff below, commenced this action to recover from the defendant damages alleged to have accrued from a breach of their franchise agreement. We shall continue to refer to the parties by their trial court designations. Originally, William S. DeNeen, an agent of the defendant, was also named as a •defendant, but he was eliminated from the •case by the court’s favorable action on his ■demurrer prior to trial.

In December, 1953, DeNeen, an agent for defendant, executed a franchise contract with plaintiff. Included in this contract were specific provisions providing for its…