J. S. Brown Hardware Co. v. Indiana Stoveworks

• Decision Date: 23 April 1903
• Citation: J. S. Brown Hardware Co. v. Indiana Stoveworks, 73 S.W. 800 (Tex. 1903)
• Parties: J. S. BROWN HARDWARE CO. v. INDIANA STOVEWORKS.
• Court: Texas Supreme Court

73 S.W. 800

J. S. BROWN HARDWARE CO. v. INDIANA STOVEWORKS.

Supreme Court of Texas.

April 23, 1903.

Error to Court of Civil Appeals, First District.

Action by the J. S. Brown Hardware Company against the Indiana Stoveworks. From a judgment of the Court of Civil Appeals (69 S. W. 805) affirming a judgment for defendant, plaintiff appeals. Reversed.

L. E. Trezevant and Frank M. Spencer, for plaintiff in error. Mott & Armstrong, H. W. Rhodes, N. L. Lindsley, and J. E. Williamson, for defendant in error.

GAINES, C. J.

This suit was brought by the J. S. Brown Hardware Company against the Indiana Stoveworks. The petition alleged, in substance, that the plaintiff is a corporation chartered under the laws of Texas, and that it is and has been engaged for many years in the business of selling stoves, stove fixtures, and attachments, and other hardware, by wholesale, throughout the state; that it had employed one Nash as a traveling salesman to sell its wares, and that Nash had agreed to serve it exclusively; that, while he was so engaged, the defendant the Indiana Stoveworks, also a corporation, and engaged in the business of manufacturing and selling stoves and stove attachments, and knowing Nash's contract with the plaintiff, induced him to enter its service; and that the said Nash, while under contract with plaintiff, and engaged in its...