Chevrolet Motor Co. v. McCullough Motor Co.

(after stating the facts as above). The parties were operating under a contract which was precarious, in that it was terminable, upon a very short notice. The ease was submitted to the jury on the theory that the defendant, having committed a total breach of contract by taking the agency entirely out of the hands of the plaintiff and placing it in the hands of another corporation, .could not thereafter avail itself of any of the provisions of the contract, among which was the right to terminate the same upon 5 days’ notice. The jury were instructed that the plaintiff could recover for the…