Edward S. Mitchell, Inc. v. Dannemann Hosiery Mills

The defendant by written contract dated September 14, 1928, conferred upon Edward S. Mitchell the selling agency for its merchandise. Mitchell trans ferred the agency to the plaintiff, as he had a right to do under the terms of the agency contract. The defendant agreed to pay to the selling agent four per cent commission on. all “ regular merchandise shipped by us on orders accepted during the life of this agreement.” On “ irregular ” merchandise the defendant reserved the option to make sales “ from time to time by ourselves ” and on such sales the agent was to receive no commission, but it…