Benjamin v. Public Service Publishing Co.
City of New York Municipal Court
Action by Charles F. Benjamin against the Public Service Publishing Company for services as correspondent, rendered under a contract consisting of plaintiff’s propbsal by letter to work for “©20 a week, upon the basis of my averaging 2,000 words per week, ” and defendant’s acceptance by ietter¿ stating that the suggestion of “ 2,000 words a week of correspondence is satisfactory at $20.” During the three months that plaintiff worked for defendant he was paid $20 a week.
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Action by Charles F. Benjamin against the Public Service Publishing Company for services as correspondent, rendered under a contract consisting of plaintiff’s propbsal by letter to work for “©20 a week, upon the basis of my averaging 2,000 words per week, ” and defendant’s acceptance by ietter¿ stating that the suggestion of “ 2,000 words a week of correspondence is satisfactory at $20.” During the three months that plaintiff worked for defendant he was paid $20 a week. He now claims compensation at the rate of $20 for 2,000 words for correspondence done by him in excess of 2,000 words a week.
1Opinion of the CourtMcAdam, C. J.
The Public Service Review was a weekly publication, and the contract contemplated a weekly contribution of literary matter, the compensation for which was to be $20 a week, and the payment of that sum" discharged every obligation owing by the defendant under the contract. The expression “averaging 2,000 words per week” was to regulate the size of the article. A substantial performance of this condition was all that was required. For example, an article containing 1,900 words one week and 2,100 the next would probably answer the legal" requirement. One hundred words one week and 8,900 the next…
2Cited by1 opinion
- Schurr v. SavignyMichigan Supreme Court · 1891