West Coast Manufacturers' Agency v. Oregon Condensed Milk Co.

Citations

• 54 Wash. 247
• 103 P. 4
• 1909 Wash. LEXIS 978

Syllabus

<p>Factors — Sales on Commission — Contract—Construction. Under a contract for the sale of defendant’s goods on commission, which fixed the plaintiff’s compensation at a certain sum for every case “actually sold, delivered and paid for,” nothing to be paid until the money shall be received by the defendant from the purchasers, the plaintiff was not entitled to commissions on orders taken and not filled at the time of the termination of the agreement.</p> <p>Damages — Liquidated Damages — Contracts—Construction—Termination. Where a manufacturer’s agency contract for the exclusive sale of defendant’s goods fixed plaintiff’s compensation at a certain sum for every case “actually sold, delivered and paid for,” nothing to be paid until the money shall be received by the defendant, a provision in the contract that, in case of a sale of its manufacturing plant the defendant shall be absolved from any damage or liability by reason of the termination of, or failure to carry out, the contract, except $500 as stipulated damages, includes loss of commission on unfilled .orders for goods sold by the agent before the sale of the plant, which the defendant thereafter refused to deliver, the measure of plaintiff’s damage by reason of defendant’s refusal to deliver goods ordered before termination of the contract being included in the $500 stipulated for.</p>