Harvester King Co. v. Mitchell, Lewis & Staver Co.

• Decision Date: 25 August 1898
• Parties: HARVESTER KING CO. v. MITCHELL, LEWIS & STAVER CO.
• Court: U.S. District Court — District of Oregon

89 F. 173

HARVESTER KING CO. v. MITCHELL, LEWIS & STAVER CO.

United States Circuit Court, D. Oregon.

August 25, 1898

J. R Stoddard and E. B. Watson, for plaintiff.

Idleman & Webster and Dolph, Mallory & Simon, for defendant.

BELLINGER District Judge.

This action arises out of a contract between the Craver & Steele Manufacturing Company and the defendant. The plaintiff company has succeeded to the rights of the former company under the contract. By this contract the Craver & Steele Manufacturing Company appointed the defendant company their agent for the sale of their harvesting machines in the states of Oregon and Washington and Northern Idaho, for a 'term ending December 31, 1893.' The defendant company accepted the appointment and agency, and agreed--

'To sell the goods of the first party on commission. To get such commission from the sale of such goods, at prices over and above the prices herein named, such commission to be in full pay for all services and demands or claims under this contract. To order from the first party all machines and extras needed for the trade in said territory; not to order more machines than he has good reason to believe will be needed for said trade. To handle the header of the first party's make exclusively. To promptly receive all machines and extras ordered or transferred to him under this contract. To pay the freight on same, keep the same well housed and properly stored until sold, and all unsold to June 1st, 1894 (or until otherwise disposed of by first party). To make no charge for storage or caring for goods. To pay all taxes and assessments on said goods while in second party's possession. To insure goods in the name and for the benefit of the first party for two-thirds of their net price, and, upon failure to insure, in case of loss to stand indebted to first party for amount which they should have been insured. First party to be charged with cost of insurance on machines while in Portland, Oregon. To push the sale of said goods by canvassing, exhibiting, and advertising to the best of second party's ability. To do all necessary expert work pertaining to such machines, at their own expense. To sell machines subject only to the conditions of the printed warranty of the first party, and on no other conditions whatever. To deliver to each purchaser copy of such warranty. To order from first party all extras that may be needed for said territory.'

In...