Klemp Corporation v. Thompson

McDONALD, Chief Justice.

This is an appeal by defendant Klemp from a judgment for plaintiff Thompson, in a suit for commission (based on breach of exclusive sales agency contract) on aluminum grillwork sold by Klemp for the Humble garage in Houston; and for profit losses due to defendant’s failure to fill purchase orders for materials (not related to the Humble job).

Plaintiff is a manufacturer’s representative in Houston. Defendant is a manufacturer of metal gratings used in building construction. Plaintiff had represented defendant as distributor and agent for a number of years. In early 1960…