Noble

This is an appeal from a judgment by default in favor of the Noble Company, respondent herein, against the Reid-Avery Company, a corporation, appellant. The complaint alleges, in substance, that an agreement was entered into between the parties to this appeal, wherein the Noble Company was to purchase for resale from Reid-Avery Company a large quantity of welding-rods, and would, from time to time, purchase additional amounts, as necessity required, and would pay for the same according to an agreed schedule of prices, and that, until the Noble Company had sold and completely disposed of said rods, and as long as it performed the terms of its agreement, the Reid-Avery Company would not sell similar rods or materials to anyone in certain designated counties, in which counties the Noble Company was to have the exclusive and sole rights to sell such materials.

After the execution of said agreement, and while respondent had a large stock of rods on hand, appellant, Reid-Avery Company, so it is alleged, sold certain rods to others within the exclusive territory, whereby respondent sustained damage.

The answer of Reid-Avery Company denies that it entered into an agreement other than as…