Corbin v. Taussig

Citations

• 137 F. 151
• 1905 U.S. App. LEXIS 5209

Syllabus

<p>1. Equity—Damages fob Tortious Acts—Benefits Derived by Wrongdoer.</p> <p>A court of equity has no inherent power to ascertain the damages sustained by reason of tortious acts, unattended with profits to the wrongdoer. It required an act of Parliament (Acts 22 & 23 Yict. c. 27) to change this in England; and the only modification to be found in the federal law is with respect to the infringement of patents, which has been effected by direct act of Congress. Rev. St. § 4921 [U. S. Comp. St. 1901, p. 3395].</p> <p>2. Exclusive Agency—Sale of Manufactured Articles—Relief in Equity —Benefits Derived—Damages.</p> <p>Where, therefore, a party has the exclusive agency for the sale of articles manufactured by another, within certain territory, while a third party who invades such territory may be made by injunction to respect the contract, and at law might be subjected to an action for damages, to be measured by the profits derived from sales made in such exclusive territory in disregard of the agent’s rights, yet a recovery in equity is limited to the damages or benefits derived by the offending party from sales so made.</p> <p>3. Same—Expenses of Making Sales—Apportionment of, in Mixed Business.</p> <p>In such a case, in order to determine the profits derived from sales made, the offending party is entitled to offset the legitimate expenses incurred in making them; and, the articles sold having formed a part of the general business- in which he is engaged and no separate account having been kept by which to determine just what is chargeable thereto, the only thing, left to do is to apportion the expenses among the different commodities dealt in, according to the gross sales of each. If this does not produce a just result, it is incumbent upon the party complaining to show it.</p> <p>4. Contract—Construction—Exclusive Agency for Disinfecting Appliances—What Governed by.</p> <p>Semble, where an agency was created for the sale of so-called disinfectors and a Gertain named