Farrar & Wheeler v. Toliver

Citations

• 88 Ill. 408

Syllabus

<p>1. Failure or consideration—proof of extent, necessary. Where notes are given for the exclusive right to sell machines within a given territory, proof of the sale of two or three machines hy another agent of the payee, under a prior contract, within the same territory, without evidence tending to prove the extent of the injury to the maker of the notes, constitutes no defense to the collection of the notes.</p> <p>2. Contract—when new one operates as a bar to suit on first. Where a party under a contract giving him the exclusive right to sell machines in a specified territory, after finding that another agent is selling in his territory, accepts a new contract for selling in other territory in lieu of the first, this will operate as a satisfaction of any loss sustained under the first one.</p>