Bessing
Bessing v. Prince
Opinion
lead Opinion
Conrey, J.
On the twenty-sixth day of July, 1918, a contract in writing was entered into between Bessing, as party of the first part, and Prince, as party' of the second part, which contained the following terms: It was stated therein that Prince appointed Bessing as his “direct and exclusive representative and agent” for certain western states for a period of one year from the date of the contract. In consideration of Bessing’s selling the Prince vibrator for printing-presses, and all improvements thereon, during the period of twelve months from that date “according to price agreed upon by both parties hereinafter mentioned the gross amount of $10,000” for the described territory, the contract was to renew itself automatically. Prince agreed to furnish to Bessing “each of the three sizes of the Prince vibrator for printing presses at ten dollars per vibrator complete for service and shipment in Los Angeles, California.” It was further agreed that “should party of the second part fail to produce the vibrators in sufficient quantity to fill his orders, then the party of the first part shall have the right to manufacture in sufficient quantity to fill the contract made, and paying the party of…