Press Publishing Co. v. Reading News Agency

Citations

• 44 Pa. Super. 428
• 1910 Pa. Super. LEXIS 190

Syllabus

<p>Contracts — Consideration—Evidence—Parol evidence.</p> <p>1. Parol evidence is admissible to show a consideration additional to that mentioned in a written contract, where the parol evidence in no way contradicts, alters or varies the terms of the written instrument.</p> <p>Contract — Termination of contract — Principal and agent.</p> <p>2. When a contract provides that one party shall have the exclusive right to sell the product of another within a certain territory, and does not specify a definite time or prescribed conditions which shall determine the duration of the relation, it is within the power of either party to terminate it at any time; but where the contract provides that a party shall have such exclusive right as long as he faithfully and impartially conducts the business and pays his bills promptly, the other party cannot terminate the contract without giving a good and sufficient reason therefor. If it appears that the party employed had faithfully and impartially conducted the business and promptly paid his bills he cannot be discharged from his employment. In such a case evidence as to how the party had conducted the business and discharged his duties, and as to the volume of the business and the profits thereon, is admissible not only as bearing upon the right to discharge, but also upon the measure of damages for the breach of the covenant.</p> <p>Evidence — Writings—Notice to produce — Copies.</p> <p>3. Where at a trial one party calls upon the other to produce a letter and the party upon whom the demand is made merely states that he had received no notice to produce the writing and asserts that he had never received it, a copy of the letter is properly admissible.</p>