Howe Sewing Machine Co. v. Layman

Citations

• 88 Ill. 39

Syllabus

<p>1. Contract—right to rescind. When two parties contract to act as agents to canvass for and sell sewing machines for a company in a particular locality, and the company withdraws them from such place, they will have the right to rescind the contract and cease to act; but if they have given a bond, with sureties, for the performance of their duties, which reserves to the company the right to change the character of the employment within the scope of the business of the company, they will not have the right to rescind, although directed to canvass in a different locality.</p> <p>2. Surety—change of place of business as affecting liability of surety. A surety for the faithful performance of the duties of two persons appointed agents to sell sewing machines in a particular locality, the contract providing that such agents shall account for all machines entrusted to them, and the right is reserved to the principal, in their obligation, to change the character of the employment, is not released by the withdrawal of the agents from the particular locality and directing them to sell elsewhere, when one quits the business, giving no notice thereof, and the other goes to another place and there receives machines which he fails to account for, but such surety will be liable for the price of such machines, less the agents’ commissions and any damages the agents may sustain by reason of the company not furnishing a wagon in the time agreed on to enable them to carry on the business.</p> <p>3. Instructions—should be based on evidence. It. is the duty of the court to construe written,contracts, and the'instructions in all cases should be based on the evidence, and not on facts of which there is no evidence. Where there is no evidence tending to prove the rescission of a contract, it is error to leave that question to the jury by instruction.</p>