Johnston v. Franklin Kirk Co.

Appellants and appellees are dealers, selling Franklin automobiles by virtue of written contracts with the Franklin Automobile Company, each of the parties having different territory under -their contracts within which to sell the same. Each contract contained the same territorial infringement clause, and appellants filed their complaint in three paragraphs, alleging in each paragraph that appellees had made a sale in appellant’s territory in violation of the contract, and, by reason thereof, appellants are entitled to a division of the discount amounting to ten per cent, of the list price of…