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13 Bus. L.J. 198 (January-June 1929)
Monopolies

handle is hein.journals/buslj13 and id is 200 raw text is: THE BUSINESS ,LAW JOURNAL he was. Whatever risk he might vol- untarily take for himself, he could not by unreflectingly going about his work subject his employer to responsibility for the accident which resulted in- j uriously. Plaintiff was contributorily negligent. Contributory negligence bars the recovery of damages. Nelson v. Sanford Mills, 89 Me. 219, 36 A. 79; Western Coal, etc., Co. v. Burns, supra. Where men work, particularly around buzz saws, accidents occur. Many industrial accidents could have been prevented if certain things had been done or not done by employees. This case adds one more to the num- ber. MONOPOLIES Contract Requiring 1uyer to Resell at Fixed Prices Illegal McConnon & Company v. Klenk, Court of Civil Appeals of Texas, 11 S. W. Rep. (2d) 222 Under the Anti-Trust Laws of Texas, a contract for the sale of goods in which the seller requires the buyer to resell at fixed prices, in a restricted territory, and to a certain class of persons only is void. The plaintiff company in this case is a manufacturer of patent medi- cines, extracts, spices, etc. The com- pany sold the goods to the defend- ant, Klenk, and his account was guaranteed by the other defendants. Under the terms of the contract, Klenk was obligated to sell the goods at prices fixed by the company in a certain portion of Kaufman County, Texas, and only to persons in their own residences. C. C. Craven, a witness for the plaintiff company, testified in part as follows: I have been an employee of Mc- Connon & Company for several years, and acted for them in securing the de- fendant, W. G. Klenk, for a customer for McConnon & Company . . . I am their state solicitor in the state of Texas and was such at the date Mr. Klenk began handling their products. McConnon & Company are manufactur- ers of patent medicines, extracts, spices, etc. Part of my duties as state solicitor . . . was to secur customers for them . . . Mr. Klenk came to see me. He wanted to handle the products of McConnon & Company in Kaufman and Van Zandt Counties. I explained. to him that a Mr. Smith was handling McConnon & Company products in that portion of Kaufman County west of the Texas Midland Railroad, and that they had men handling their goods in Van Zandt. He stated to me that Mr. Henry Smith, who was also employed by Me- Connon & Company, was to secure a customer in that portion of Kaufman County east of the Texas Midland Rail- road. I told him to come out and talk to me. He had already sent in his ap- plication to McConnon & Company. I gave him a 'bond furnished me by Mc- Connon & Company. I filled it out for him and he signed it. -He secured the signatures of W. R. Evan, W. G. Weit- ing and W: R. Crane, the sureties, and he returiked it to me and I approved it and returned it to McConnon & Com- pany, and I also made out an order blank for Mr. Klenk and sent it along with the bond. . . . It was understood by Mr. Smith, Mr. Klenk and myself that Mr. Klenk was to have the ter- ritory in Kaufman County lying east of the Texas Midland Railroad and Mr. Smith was t keep the territory west of the Texas Midland Railroad in Kaufman County. . . . McConnon & Company would not put two men in the same territory. The defendant Klenk testified: At the time I signed the bond sued on in this case I was at Mr. Craven's. I had written MeConnon & Company a letter and had told them I wanted to handle their goods in Kaufman and 198

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