The Archive · 1936

Defendant Protected

As a matier of fact the defendant was' sullciently protected by other terms of the contract which ensured that the plaintiff would do his best (whatever that might be) to carry out his part of it; the more products he sold, the more profit he made His counsel took the line that it was Jan Implied term of the contract that should do his utmost to further the object of the agreement and referred to various eases for instances where an implication has been imported into a contract. In Turner Goldsmith (1891, 1 Q. B. 544, C. A.) the implication was that the principal would' do what was necessary to enable the agent to corn his commission; in Kirchner". Grut (2909, 1 Eh, 413) that a servant m: not divulge information obtained by the service. No implication is, how-Jover, required here; the contract speaks for itself. It lays down in black and white that the parties are collaborate in the distribution of the products of the factory, the one as sole principal and the other as sole agent: it should, of course, have provided for dissolution of the agency in certain eventualities. The coin-

Text read from the printed page and cleaned; old type leaves the occasional error.

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