National Phonograph Co. v. Edison-Bell Consolidated Phonograph Co.
England and Wales Court of Appeal[1908]
1 Ch. 335 (1908)
- Written by Sarah Hoffman, JD
Facts
The import company (plaintiff) was a company that imported phonographs and records. The import company kept a “suspended list” of dealers who were not allowed to sell their products. The import company’s wholesale traders (the wholesale traders) (defendants) signed agreements to not sell to anyone on the suspended list. The phonograph dealer (defendant) was a company on the suspended list. The phonograph dealer’s agents falsely represented themselves as independent agents and purchased the import company’s goods from the wholesale traders. The import company sued the defendants for injunctive relief and damages based on the import company’s lost sales resulting from the phonograph dealer’s improper sales of the import company’s phonographs. The trial court found in favor of the defendants, holding that no damages had been proven and that the wholesale traders had not broken the contract, because they had been deceived.
Rule of Law
Issue
Holding and Reasoning (Buckley, J.)
Concurrence (Kennedy, J.)
Concurrence (Alverstone, C.J.)
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