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

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,
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-
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


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