C. H. McCormick & Bros. v. Bush

Citations

• 47 Tex. 191

Syllabus

<p>1. Principal and agent—Contract.—When, by the terms of a contract between a principal and his agent, it is stipulated that the agent should receive ten per cent, on the entire amount of sales made by him, and that, if the principal should resume control, so that the agency would cease, then the agent should be paid “in proportion to the services rendered by him previous to the closing of this connection witli their business,” it was error to instruct the jury, in a suit by tiie agent whose agency had been so terminated, that he was entitled to recover whatever tiie evidence might show that his services actually performed were reasonably worth.</p> <p>2. Same—Verdict.—When, under such a contract, the agent did not render the entire service for which ten per centum was agreed to be paid, and there was no evidence before the jury, on tiie trial of the suit brought by the agent, which would enable them to know what proportion the services rendered bore to those which would have been rendered had the entire service been performed, no verdict could properly be rendered in the case.</p> <p>3. Same—Evidence.—In a suit by an agent against his principal, to recover compensation on account of sales made for the principal under a contract, by which the agent bound himself to sell to no one, except such as were reputed in their neighborhood to be responsible for the amount they would contract to pay, it is incumbent on the agent, in the absence of evidence that the money was collected, to establish that the articles were sold by him to men of that character.</p> <p>4. Interest—Construction of statutes—Account.—The act of December 17, 1861, allowing interest upon accounts, when construed with reference to other acts passed at tiie same session of the Legislature, and in the light of the situation of the country at the time of their enactment, allowed interest, on accounts previously contracted, to be computed from tiie first day of January after the enactment of the law, as we