Stevenson v. Morris Machine Works

Citations

• 69 Miss. 232

Syllabus

<p>1. Coxtbact. Breach. Action for services.</p> <p>Where defendant, a manufacturer, agrees to fill orders for engines to be sold by plaintiff, and to allow him a commission on all moneys realized from sales, and plaintiff finds purchasers, whose orders are secured and forwarded according to the agreement, there is an implied contract on the part of defendant to ship in a reasonable time, and, if through his fault in not doing so the sales are lost, plaintiff may recover damages for breach of the contract.</p> <p>2. Same. Measure of damages.</p> <p>In such case the stipulated commissions may not be recoverable eo nomine, but they will afford a measure of the damages.</p>