Barber v. Stromberg-Carlson Telephone Manufacturing Co.

Calkins, C.

Tlie plaintiff brought action in the court below, alleging default in the performance of a contract in the words and figures following: “Memorandum of agreement made this 17th day of August, A. D. 1903, by and between Mr. F. W. Barber, of Franklin, Neb., party of the first part, and Stromberg-Carlson Telephone Manufacturing Company, party of the second part, witnesseth: The party of the first part shall use his best efforts and in fact secure for the party of the second part the contract for the central office apparatus and telephones for .the Home Telephone Co., of Grand Island,…