Bayliss v. Hough

Citations

• 41 Pa. Super. 458
• 1910 Pa. Super. LEXIS 249

Syllabus

<p>Contract — Sales—Continuing contract — Termination of contract— Reasonable notice — Affidavit of defense.</p> <p>Where a written contract to sell so many patented articles per year on a royalty, contains no provision for the termination of the contract, either party may terminate it upon reasonable notice; and in an action to recover the royalties for a particular yeár, an affidavit of defense is sufficient to prevent judgment for royalties for the whole year, which avers that the seller could not continue to sell, except at a loss; that he had served a written notice to terminate about’two months after the year had begun; and that other notices had been expressly given of his desire to end the agreement because its conditions could not be complied with except at serious and continued loss to himself.</p>