Little v. Bessemer Motor Truck Co.

Citations

• 280 Pa. 246
• 124 A. 422
• 33 A.L.R. 638
• 1924 Pa. LEXIS 502

Syllabus

<p>Principal and agent — Commissions — Sales in restricted territory — Place of sale — Construction of agreement by parties.</p> <p>1. Where an agency contract provides for the payment of commissions to the agent on sales in a specified district, the place of sale is the place where the actual orders are given.</p> <p>2. Where, under an agency contract, commissions are to be paid to the agent on the basis of sales secured in a county named, and there is no restriction on the principal as to disposing of his goods in such county, the principal may sell goods in the county without accounting to the agent for commissions.</p> <p>3. It seems that a stipulation that inquiries of prospective purchasers sent to the home office from this .district would be forwarded to the agent, will not in itself operate such restriction.</p> <p>4. Where the agent is to be paid commissions on sales secured in a specified county, he is not entitled to commissions because the purchasers have offices in such county, where it appears that the sales were effected by another, outside of the county, for delivery outside of the county.</p>