Cofield v. E. A. Jenkins Motor Co

• Decision Date: 01 August 1911
• Citation: 71 S.E. 969,89 S.C. 419
• Court: South Carolina Supreme Court
• Parties: COFIELD. v. E. A. JENKINS MOTOR CO.

89 S.C. 419

71 S.E. 969

COFIELD.

v.E. A. JENKINS MOTOR CO.

Supreme Court of South Carolina.

Aug. 1, 1911.

Damages (§ 124^*)—Breach of Contract-Measure of Damages.

The measure of damages recoverable by an agent obtaining an exclusive agency within specified territory to sell the motor cars of a manufacturer, allowing him a specified discount from the catalogue prices on cars sold, for the action of the manufacturer in selling cars within the territory, is the specified discount from the catalogue prices of the cars so sold.

[Ed. Note.—For other cases, see Damages, Cent. Dig. §§ 320-338; Dec. Dig. § 124.*]

Appeal from Common Pleas Circuit Court of Richland County; Geo. E. Prince, Judge.

"To be officially reported."

Action by James Cofield against the E. A. Jenkins Motor Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Robt. Moorman, for appellant.

S. G. Finley and Nelson, Nelson & Gettys, for respondent.

HYDRICK, J. For valuable consideration, defendant gave plaintiff the exclusive agency to sell its motor cars in a certain territory for a specified time, and agreed to allow him a discount of 10 per cent. from the catalogue prices on all cars sold. During the life of the contract, defendant, knowing that it was acting in violation of its terms, sold four cars in plaintiff's territory worth, at catalogue prices, $5,300. Held, in an action for breach of the contract, that the measure of plaintiff's damages was 10 per cent. of the catalogue prices of the cars so sold by defendant.

Affirmed.

JONES, C. J., and GARY, A. J., concur.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes