Reely v. Chapman

MONROE, J. pro tem.

*

In 1955 the plaintiff, who was a manufacturer’s representative, entered into a contract with the defendants to act as wholesaler in the sale and distribution of water ski-belts manufactured by defendants. The contract provided that it might be extended to the end of 1956, and in accordance therewith it was so extended. On January 3, 1957, plaintiff and defendant D. C. Chapman had a conversation concerning further representation of the defendants by plaintiff. There is a hopeless conflict in the testimony as to

[262]

what occurred. The plaintiff contended that it was agreed that the representation should extend for the year 1957. The defendant contended, on the other hand, that no time limit was discussed, and gave evidence that indicated that defendants were not entirely satisfied with plaintiff’s services and that the further representation was to be subject to defendants’ satisfaction. The defendants did terminate plaintiff’s services on March 28, 1957, as of the first of April. Plaintiff brought this action for an accounting and commissions on the theory that the contract had been extended for the entire year of 1957. The issues were found in favor of the defendants and judgment rendered for them for their costs, and from that judgment plaintiff appeals.

The only question involved upon this appeal is whether or not the trial court erred in excluding evidence of custom and usage relative to contracts of this nature. The plaintiff contends that had he been able to produce evidence of custom of the trade he could have established that the parties contracted for the longer period, as contended by him.

It appears to be well established, and is in effect conceded by both parties, that in case there is no term fixed for a representation of this character the contract may be terminated by either party at will.

(Easton, Eldridge & Co.

v.

Millington,

105 Cal. 49 [38 P. 509] ;

Ernst

v.

Ganahl,