Champion Spark Plug Co. v. Automobile Sundries Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Automobile Sundries Company against the Champion Spark Plug Company, for breach of a contract. Judgment for plaintiff, and defendant brings error. For convenience, we shall refer to the parties as plaintiff and defendant. The plaintiff is an Ohio corporation, and the defendant a New York corporation.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Automobile Sundries Company against the Champion Spark Plug Company, for breach of a contract. Judgment for plaintiff, and defendant brings error. For convenience, we shall refer to the parties as plaintiff and defendant. The plaintiff is an Ohio corporation, and the defendant a New York corporation. Under date of July 15, 1913, a contract was entered into between the plaintiff and defendant. This contract provided that plaintiff be made and constituted the “sales agent and distributor” of…
1Opinion of the CourtManton, Circuit Judge
(after stating the facts as above). [1] The evidence in the record indicates, as indeed it was conceded by counsel for the plaintiff, that the plaintiff defaulted in the contract in having entered the domestic market and sold the products of the de*79fendant in competition with it, and were it not for the alleged waiver thereof, as contended for by the plaintiff, this default would end the case, and the trial judge would have been obliged to dismiss or direct a verdict.
[2] It appears that after August 4, 1916, the plaintiff sold in the domestic market approximately 44,000 spark plugs. These were…
2Cases cited9 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Willcox & Gibbs Sewing MacHine Co. v. EwingSupreme Court of the United States · 1891
- Cincinnati Siemens-Lungren Gas Illuminating Co. v. Western Siemens-Lungren Co.Supreme Court of the United States · 1894
- Parsons v. . SuttonNew York Court of Appeals · 1876
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- In Re Adoption of a MinorCourt of Appeals for the D.C. Circuit · 1944
- Buckley & Scott Utilities, Inc. v. Petroleum Heat & Power Co.Massachusetts Supreme Judicial Court · 1943
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