Birmingham News Co. v. Fitzgerald

Plaintiff entered into a written contract with defendant company bearing date October 20, 1928, as carrier for its newspaper on any •route assigned by defendant, and deposited $250 as required by the eighth paragraph thereof to guarantee its faithful performance. The route was known as No. 28, and plaintiff operated under the contract for'about three weeks, when he rescinded the same for alleged breach on defendant’s part, and brought suit to recover the above-noted deposit.

Under the contract plaintiff was to purchase the papers of defendant and pay for the same each Wednesday. He paid for…