Wasilewski v. Wendell

This action was brought to recover the sum of sixty dollars upon an alleged contract to pay for certain advertising.

While the jury were deliberating they sent to the judge, in writing, the following question: ‘'If the plaintiff’s paper-was left at the defendants’s place of business, with the-advertisement in it, are we charged to find for plaintiff % ” to which he replied, also in writing, as follows:

" If the defendant had knowledge that the advertisement, was contained in the newspaper, and made no objection to-it, but continued to allow such publication to be continued.’'

*509This instruction,…