The doctrine has been liberalized so that a negative injunction will issue on behalf of a principal against an agent or an employer against an employee where the contract is breached by the agent or the employee. It has been the rule that equity will not grant specific performance of a contract so indefinite in its terms as to require continuous policing of performance and when obedience to a decree may not be compelled by ordinary court processes. When we come to consider the efficacy of equity to grant relief, we meet our greatest difficulty.What constitutes a reasonable time presents an issue of fact to be arrived at upon a consideration of all of the circumstances attending its execution and performance. Ass'n, supra 1 Restatement, Contracts, 53 Producers' Live Stock Marketing Ass'n, 256 Ky. Where the duration of a contract is indefinite the general rule is that the contract is to be performed within a reasonable time. Certainly it was not contemplated that after the payment by the appellants to Gaylord of $2350, the expenditure of effort and the incurring of promotion expense, Friden could at any time it saw fit terminate the distributorship. The distributors were to build up a business of their own and be independent purveyors of Friden machines. Certainly by its terms and all attendant circumstances, it was construed by both parties as having a large degree of permanence. The contract was not one terminable at the will of Friden.The Ohio rule is not contra, at least, when there is consideration. Peterson Co., 6 Cir., 58 F.2d 11 Ken-Rad Corp. Ass'n, 6 Cir., 103 F.2d 565 Remington-Rand Business Service, Inc., v. National Metal Abrasive Co., 6 Cir., 101 F.2d 489 Crossland v. As was said by Professor Corbin in, "Cardozo on the Law of Contracts," 52 Harvard Law Review 446, "The meaning that will determine legal effect is that which is arrived at by objective standards one is bound, not by what he subjectively intends, but by what he leads others reasonably to think that he intends." This line of authorities has been consistently followed in this court. It has now long been held by courts of highest repute, that the lack of specific obligation by one of the parties to a contract will not invalidate it where the whole contract may be instinct with obligation even though imperfectly expressed. Iowa Fruit Produce Co., 8 Cir., 112 F.2d 101. Uncertainty as to the number of machines to be ordered by the solicitor was of the very nature of the contract and capable of ascertainment after performance.
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There was no lack of mutuality in the arrangement between the parties.