Mail & Express Co. v. Parker Axles, Inc.

McAvoy, J.:

It was sought here to dismiss the complaint on the ground that it did not state sufficient facts to constitute a cause of action. The motion was denied at Special Term.

The action counts on an agreement alleged to have been made between the parties to this action, which authorized the Evening Mail to insert the defendant’s card on the page of the Evening Mail devoted to industrial review of Greater New York for twenty-six consecutive weeks from the date of first insertion. Defendant had *328the right to change copy under conditions described, otherwise the last copy was to be published.…