Boston Outfitting Co. v. People & Patriot Co.
Supreme Court of New Hampshire
Assumpsit, for the breach of a written contract. Trial by jury and verdict for the plaintiffs for #484.80. Transferred from the October term, 1904, of the superior court by Wallace, C. J. The contract was for the insertion “ in the advertising columns of the ‘Daily Patriot’ [of] 1,248 inches display advertising, to be used in one year,” for which the plaintiffs were to pay #52 in monthly instalments “ as used,-” and provided that if the plaintiffs failed to use that quantity…
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Assumpsit, for the breach of a written contract. Trial by jury and verdict for the plaintiffs for #484.80. Transferred from the October term, 1904, of the superior court by Wallace, C. J. The contract was for the insertion “ in the advertising columns of the ‘Daily Patriot’ [of] 1,248 inches display advertising, to be used in one year,” for which the plaintiffs were to pay #52 in monthly instalments “ as used,-” and provided that if the plaintiffs failed to use that quantity of space they would pay for the quantity used “ at short time rates.” The evidence tended to prove the following facts:…
1Opinion of the CourtChase, J.
The question before the court does not arise upon payments actually made by the plaintiffs at the card rates, for advertising procured by them to take the place of that of which they were deprived by the defendants’ breach of the contract; if it did, it would present a very different aspect. Tribune Co. v. Bradshaw, 20 Ill. App. 17. The exception raises the simple question, whether the rate-card was competent evidence of the “market value of the plaintiffs’ contract.” By “ market value ” was probably meant the “ net value,” or “ the difference between the stipulated price and the cost of…
2Cases cited1 opinion
- Tribune Co. v. BradshawAppellate Court of Illinois · 1886