Cushman v. Avis

This action involves a contract, rescission, statute of limitations and accelerated judgment.

On June 20, 1960, plaintiff and defendant entered into a written agreement by which defendant purchased 50 per cent of plaintiff’s advertising business. Plaintiff agreed to promote defendant’s interests and plaintiff was to receive a salary and 20 per cent of the profits after taxes. In the development of this case, the following contractual subsection becomes important:

“6. If it becomes necessary and advisable to terminate this agreement Warren E. Avis agrees to give Seward R. Cushman twelve (12)…