Carlson v. Stone-Ordean-Wells Co.
Montana Supreme Court
■Appeal from, District Court, Silver Bow County; John B. Mc-Clérnan, Judge. Action by Swend Carlson against the Stone-Ordean-Wells Company. From a judgment for plaintiff, and from an order denying a new trial, .defendant appeals.
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■Appeal from, District Court, Silver Bow County; John B. Mc-Clérnan, Judge. Action by Swend Carlson against the Stone-Ordean-Wells Company. From a judgment for plaintiff, and from an order denying a new trial, .defendant appeals. An agent who has an exclusive contract for the sale of machinery in a given territory cannot recover his commissions from his principal for a sale made by another in such territory till he has shown that he himself would have made the sale or that he performed in- connection therewith the requirements imposed upon him by the contract. To entitle him to more than…
1Opinion of the CourtJustice Holloway
This is an action for damages for the breach of a contract. The complaint alleges that in December, 1904, plaintiff and defendant entered into a contract, by the terms of which it was *438agreed that plaintiff should become the exclusive agent for defendant in handling, in the city of Butte, the matches manufactured by the Union Match Company of Duluth, and that during the continuance of such contract no person other than plaintiff should .sell or offer for sale, in said city, any of the goods mentioned. A consideration for the contract is then pleaded, and it is alleged that the plaintiff has…
2Cases cited10 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Pacific Steam Whaling Co. v. Alaska Packers' Ass'nCalifornia Supreme Court · 1903
- Wilson v. WernwagSupreme Court of Pennsylvania · 1907
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Hoge v. NortonSupreme Court of Kansas · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- International Shoe Co. v. LacyIndiana Court of Appeals · 1944
- Curtiss Candy Co. v. SilbermanCourt of Appeals for the Sixth Circuit · 1930
- Smith v. Fergus CountyMontana Supreme Court · 1934
- McGinnis v. StudebakerOregon Supreme Court · 1915
- Miller v. Aetna Life InsuranceMontana Supreme Court · 1936
9 more not listed; retrieve them via the Exa API.