McDermott v. DeMeridor Co.

The opinion of the court was delivered by

Swayze, J.

The defendants contracted with the assignor of the plaintiff to insert an advertisement in a trade journal for fifteen months at the rate of $500 per year, payable in monthly payments. After the advertisement had been rum ning a few weeks the defendants ordered that it be discontinued. The plaintiff’s assignor, however, continued to publish it, and brought suit to recover the contract price. The judgment went in plaintiff’s favor for a part of the price, proportioned to the time which had elapsed before-the suit was begun, less the amount…