97 Wash. 463 | Wash. | 1917
The question here to be determined is when was a certain contract between the parties cancelled. Respondents are general agents for the sale of Oakland automobiles. They gave appellant an agency for the sale of these automobiles in Pierce county, under a written contract which reserved to respondents the right to cancel the contract at any time upon giving ten days’ notice to appellant. Respondents contend, as found by the lower court, that the con
On February 26, respondents wrote the following letter to appellant:
“Seattle, Wash., February 26, 1916.
“Mr. J. L. Wetherby,
“Tacoma, Washington.
“Dear Mr. Wetherby:-—Owing to the fact of your not being able to dispose of the Oakland cars in your territory during the past three months, and also of your decision not to continue the Oakland agency, it is with regret that I hereby notify you of the cancellation of your Dealer’s Contract with the Northwestern Oakland Car Company, Seattle, in accordance with the conditions set forth in said contract, and I shall be pleased if you will return to us a copy of said contract now held by you. With best wishes for the future, we are, Very truly yours,
“Northwestern Oakland Car Company,
“Per E. M. -Mark.’’
Under this letter, appellant contends that his contract was not cancelled until ten days after the receipt of the letter, and as the cars were sold within that time, he is 'entitled to his commission. The case presents only a question of fact upon which the findings of the lower court are adverse to appellant. These findings are amply sustained by the evidence and it cannot be said there is a preponderance against
Judgment is affirmed.
Ellis, C. J., Main, and Chadwick, JJ., concur.