Perry v. Jensen

Citations

• 142 Pa. 125
• 21 A. 866
• 1891 Pa. LEXIS 718

Syllabus

<p>(a) Jensen employed Perry as Ms agent to sell proprietary tablets, under a written contract to continue for many years, with a provision that “said Jensen agrees to furnish said Perry with sufficient samples of said article, and printed matter.....relating thereto, as the same may be called for by him, Perry.”</p> <p>(b) Perry was made the “ sole and exclusive agent for the sale of said article, on the continuing condition that he, said Perry, shall use his best reasonable endeavors to introduce and sell the same throughout the United States, and shall devote his entire time and attention to that purpose.” |</p> <p>(e) At the end of the first year, Jensen entered into a contract with others to act as his exclusive agents; and, in an action by Perry for the breach thereby of the contract with him, Jensen defended on the ground that Perry’s demands for samples were unreasonable, and his methods of distribution inefficient:</p> <p>1. In such case, the plaintiff had the right to demand samples in quantity fairly and reasonably sufficient for the purposes of his undertaking, and what was a reasonable quantity, when the parties couldno't agree about it, was a question of fact to be settled by the jury: Jensen v. Perry, 126 Pa. 495.</p> <p>2. Upon the questions of the reasonableness of the quantity of samples furnished and demanded, and of the efficiency or inefficiency of the plaintiff’s method of distribution, the opinions of witnesses having experience in introducing articles to the public by the distribution of samples, were admissible in evidence.*</p> <p>3. To meet the testimony of the plaintiff, that he had distributed a certain number of samples in Philadelphia, it was competent to admit testimony that at the time the distribution was alleged to have been made, a witness had made an investigation but could find none, but not that he had complained thereof to the defendant.</p> <p>4. That the plaintiff was ignorant or unskilful in the business he undertook, did n