Holmes v. Underwood & Underwood, Inc.

The complaint dismissed by the order appealed from contains two alleged causes of action. The first alleges that *361the defendant, engaged in the business of taking and making photographs for hire, was employed to take pictures of guests at a social function held in the plaintiff’s home and was paid its agreed price or charge therefor; that two photographs were taken of the plaintiff; that at such time an agreement was made between plaintiff, her husband and defendant that the plaintiff, if she should so wish, might purchase any of such photographs; that the said photographs and all plates,…