Evening Republican, Volume 59, Number 112, Rensselaer, Jasper County, 1 June 1917 — ASKS FOR $75,000 FROM H. & D. COMPANY [ARTICLE]

ASKS FOR $75,000 FROM H. & D. COMPANY

Palmer D. Wells, of Morocco, Asks For $75,000 From Goodland Shock Absorber Company. , ' One case of great importance that has been filed in the Benton circuit court is that of Palmer D. Wells, of Morocco, against the H. & D. Shock Absorber Co., of Goodland, for $75,0W for alleged breach of contract. The case was venued to Benton from Newton county and is set for trial Monday, June 4. In speaking of the case the Benton Review Has the following comment: “The complaint alleges that the plaintiff and H. & D. company entered into a contract on February 8, 1915, whereby the plaintiff was to have the entire state of New York for the sale of the H. & D. shock absorbers. The contract on which suit is brought was a letter to Mr. Wells from Mr. Jjlaiwn, the president of the company, which reads as follows: ‘Can have entire state of New York as long as you give your full time and attention, but whenever you fail to give it ybur full time and attention, then you have lost control of state and it reverts back to the H. & D. company. The H. & D. will cost you $6.00 per set F. O. B. GoodHand, cash (with all orders. You are to understand that you are in no way whatsoever connected with the H. & D. company and are not considered an agent of this company. You will understand that we will seH no other goods to anyone else in New York except as per your instructions.’ “Mr. Wells in his complaint al-

leges that he went to New York and secured agents and did considerable advertising and that the company refused to furnish him with shock absorbers and on May 7, 1915, they attempted to cancel all agreements with him and refused to recognize him any further in sale of absorbers in New York. Mr. Wells claims that he .built up a (business that was paying him a net profit of S2OO a day and asks damages in the sum of $75,000. “The suit (promises to be bitterly fought and it is said the defense will attempt to prove that Mr. Wells failed to live up to his contract, in that he did not devote all his time to the sale of H. & D. shock absorbers, but instead devoted & greater,part of it in selling other goods and sold H. & D.’s as a side line. When these facts were found out, the state was taken aw|ay from Wells and (given to another man. The case was venued here from Newtom”