Sparks v. Reliable Dayton Motor Car Co.

Citations

• 85 Kan. 29
• 116 P. 363
• 1911 Kan. LEXIS 8

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Measure — Automobile Agency. The measure of damages for breach of a contract giving the plaintiff the exclusive agency for the sale of automobiles where the manufacturer invades the plaintiff’s territory is the amount of commissions or discounts of which the plaintiff is deprived by sales made by the defendant.</p> <p>2. - Employer Selling in Agent’s Territory — Estoppel. In such an action the defendant by selling in the plaintiff’s territory in violation of the agreement is estopped to claim that if he had not done so the plaintiff would not have made the sales.</p>