242 Mass. 282 | Mass. | 1922
The plaintiff is a manufacturer’s selling agent. In August, 1915, Edmund D. Hewins, its president, met the defendant’s president, Robert Chapman, at its mills in South Carolina, and discussed the matter of the plaintiff’s selling the defendant’s goods. Hewins testified that Chapman orally promised that if the plaintiff should thereafter submit any business to the
At the trial in the Superior Court, the judge ruled that there was not sufficient evidence “to sustain the plaintiff’s claim as to the terms of that contract” and that the contract was terminated “on May 22, and May 25, 1916. And that this order having been received and accepted after the contract was terminated, did not give the plaintiff a commission.” To these rulings and to the order directing a verdict for the defendant the plaintiff excepted.
There was evidence that the plaintiff was to receive a commission on all goods sold by the defendant to a customer who became such by the plaintiff’s efforts. The contract was oral, its terms were in dispute, and it was a question of fact for the jury to decide whether the contract as testified to by the plaintiff’s witnesses was actually made. Gassett v. Glazier, 165 Mass. 473, 480.
It was for the jury to say whether the parties entered into a contract to pay the plaintiff a commission on all sales made to the East Palestine Rubber Company. The contract, according to the plaintiff, entitled it to a commission on all goods sold to a customer from whom the plaintiff submitted an offer, provided it was a customer to whom the defendant had not at that time
The statute of frauds is not a defence. While the contract was
As the court ruled that there was no evidence to sustain the plaintiff’s contention as to the terms of the contract and as this was the ruling to which exceptions were taken, other questions which have been argued are not considered.
Exceptions sustained.