Ward v. Abilena Sales Co.

The opinion of the court was delivered by

Marshall, J.:

The defendant agreed to pay the plaintiff $800 per month for thirty-six months for spaces rented of the plaintiff in which to place advertising matter in certain stations of the street-railway systems of Greater New York. Payments were to be made monthly in advance. The defendant agreed to furnish the advertising matter. This it never did. On the trial the plaintiff proved the contract, his ability, readiness, and the arrangements he had made to perform the same, and the defendant’s breach by failing to furnish the advertising matter, and…