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While the foregoing constitutes the written agreement under which the parties proceeded, the evidence of their dealings disclosed additional understandings; and the parties have assumed

While the foregoing constitutes the written agreement under which the parties proceeded, the evidence of their dealings disclosed additional understandings; and the parties have assumed that their further agreements and conduct thereunder are to be considered as part of their contract It appears, then, that during the course of their dealings, defendant received from plaintiff a commission on sales made of plaintiff's products and sold the products at prices established by the plaintiff, departing from them only upon plaintiff's approval and at defendant's request. Defendant was permitted to grant a discount to customers not exceeding 10% off plaintiff's list price; and whenever it was necessary to grant a larger discount in order to secure the business, defendant's commission was reduced. The defendant dealt directly with its own customers in securing orders and in delivering and installing the products of the plaintiff. It purchased the products outright from the plaintiff and paid the plaintiff directly for them. Furthermore, defendant billed customers directly in its own name, assumed credit risks for the goods, and obtained full title to the goods by purchase from the plaintiff, exercising complete control therein, including all liability incidental to the installation and erection thereof214150

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