Cream of Wheat Co. v. . Crist Co.
New York Court of Appeals
Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 22, 1915, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and' the facts, so far as material, are stated in the opinion.
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Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 22, 1915, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and' the facts, so far as material, are stated in the opinion. The referee erred in his conclusion of law that the meaning of the words “ paid subscribers,” as used in the definition of the term “ circulation ” in the contracts, was not limited to subscribers who had paid for their 1911 or 1912 subscriptions either in…
1Opinion of the CourtHogan, J.
The plaintiff is a manufacturer of cereal products. The defendant is engaged in the printing business and publishes a monthly magazine known as American Motherhood.
August 27th, 1910, the parties entered into a contract wherein defendant undertook to insert in a magazine published by defendant a full page advertisement to be furnished by plaintiff during each month of the year 1911, in consideration of a stated sum to be paid therefor by plaintiff.
The contract provided: “ Party of the first part [defendant] does hereby guarantee that the average circulation of the above-mentioned publication…
2Cases cited1 opinion
- Newhall v. . AppletonNew York Court of Appeals · 1889
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