188 Pa. 325 | Pa. | 1898
Opinion by
On October 28,1893, plaintiff and defendants entered into a written contract by which plaintiff was appointed sole agent of defendants in the United States and Canada for the sale of the “ Excelsior Automatic and Semi-Automatic Knitting Machine,” manufactured by them; sales to be made according to list prices furnished by the company, subject to its revision at any time ; payments to be made to the company at its office ; the contract to continue for five years, and then to be renewed if the relation proved satisfactory; Rightmire to have as compensation twenty per cent on all sales made by him, to be paid as the company received payment from the purchasers. In the autumn of 1894, defendants, by certain improvements and additions, particularly by a patent needle picking device, had commenced the construction and sale of a new machine, which they called “ Excelsior Three-Quarter Automatic Knitting Machine.” As to the new machine, defendants denied that it was embraced in the contract already noticed, although they, up to July 1, 1895, permitted plaintiff to sell it, at the same time denying, in writing to him, his right to do so. There was evidence on part of defendants tending to show that plaintiff did not claim any contract right to make these last sales, and that it was in contemplation by both parties to make a new contract covering the new machines. This, however, was not done. On June 24, 1895, plaintiff wrote defendants a letter, making a large additional claim for compensation on account of needle cylinders sold and other services, whereupon they forbade him selling any other machines than those specified in the written contract. There was some evidence tending to show that plaintiff had a secret interest with a party named “ Austin Brothers ” to furnish defendants with needle cylinders, and that afterwards, through his solicitation, without disclosing his interest, he induced defendants to buy the cylinders from Austin Brothers, receiving compensation from the latter, and then his commissions on resale for defendants.
The plaintiff alleged a breach of the contract by defendants in refusing to permit him to sell the new or improved machine,
There is nothing of merit in the other assignments of error, but because of the one discussed, the judgment is reversed, and a v. f. d. n. awarded.