CHEVROLET MOTOR CO. v. McCULLOUGH MOTOR CO.

No. 4394.

6 F.2d 212 (1925)

CHEVROLET MOTOR CO. v. McCULLOUGH MOTOR CO.

Circuit Court of Appeals, Ninth Circuit.

May 25, 1925.


Attorney(s) appearing for the Case

Fitzgerald, Abbott & Beardsley and Charles A. Beardsley, of Oakland, Cal., for plaintiff in error.

W. L. Murphy, A. N. Whitlock, E. C. Mulroney, and R. E. Mulroney, all of Missoula, Mont., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


GILBERT, Circuit Judge (after stating the facts as above).

The parties were operating under a contract which was precarious, in that it was terminable upon a very short notice. The case was submitted to the jury on the theory that the defendant, having committed a total breach of contract by taking the agency entirely out of the hands of the plaintiff and placing it in the hands of another corporation, could not thereafter avail itself of any of the provisions of...

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