Outcault Advertising Co. v. Citizens National Bank

The" opinion of the court was delivered by

Hopkins, J.:

The action was one for damages for breach of a contract to purchase advertising supplies. Trial was to the court. Plaintiff was awarded judgment for nominal damages only, and appeals.

The plaintiff manufactures, assembles and sells to banks a system of copyrighted advertising supplies and materials. On May 12, 1920, it entered into a contract with the defendant which reads:

“May 12, 1920.

“To Outcault Advertising Co.,

506 So. Dearborn St., Chicago, 111.

“Ship us, at our expense, your bank ‘ad’ service, which covers a period of five years,…