Legal Opinion

Ellis v. Dodge Bros.

Court of Appeals for the Fifth Circuit

Decided December 17, 1917No. 3033PublishedCited by 17 opinions

In Error to the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. Action by Frampton E. Ellis, administrator of Samuel A. Pegram, deceased, against Dodge Bros. Demurrer to the petition was sustained (237 Fed. 860), and plaintiff brings error.

1Opinion of the Court

BATTS, Circuit Judge.

Suit was instituted by Samuel A. Pegram against Dodge Bros, on an instrufnent which describes itself as a dealer’s agreement. Upon the death ¡of Pegram his administrator became a party. The material parts of the agreement may be thus summarized :(1) The manufacturer grants unto the dealer the right to sell Dodge Bros, motorcars and repair parts during the life of the agreement in the territory described.(2) The price at which cars are to be billed is indicated, running from 6 to 12 motorcars, inclusive, at 15 per cent, off manufacturer’s list price, to 1,000 cars or more,…

2Cited by17 opinions

  1. Ford Motor Co. v. Kirkmyer Motor Co.Court of Appeals for the Fourth Circuit · 1933
  2. Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1922
  3. Buggs v. Ford Motor Co.Court of Appeals for the Seventh Circuit · 1940
  4. Chevrolet Motor Co. v. GladdingCourt of Appeals for the Fourth Circuit · 1930
  5. Moon Motor Car Co. of New York v. Moon Motor Car Co.Court of Appeals for the Second Circuit · 1928

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