Huber Hoge, Inc. v. Smith & Wesson

ANDERSON, Circuit Judge.

The ruling of the court below, that the plaintiff could not recover, was plainly right.

The written agreement between the parties, dated January 23, 1926, contained this stipulation:

“This agreement is terminable at any time simply upon notification, and we merely ask protection on any current commitments made on your request.”

On the undisputed facts, the agreement between the plaintiff, an advertising agent, and the defendant, was, by written notice dated in September, 1926, terminated; the plaintiff rendered bills for all its “current commitments,” and they were paid…