George O. Richardson Machinery Co. v. Swartzel

Citations

• 70 Kan. 773
• 79 P. 660
• 1905 Kan. LEXIS 48

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Election of Remedies. Where a partially performed contract between a company and its agent for the sale of machinery is arbitrarily and wrongfully terminated by the company, the agent has the option to sue for the breach and recover damages, or upon a quantum meruit for the worth of his services already rendered.</p> <p>2. - Company Estopped from Setting up the Contract. The' company which annulled the contract, and in effect relieved the-agent from its obligations, will not be permitted to set up the contract to defeat him in an action brought for the value of the work done.</p>