Lawrence Fertig Co. v. Klein

Plaintiff, an advertising agency, proved by its witness that it was engaged in the business of soliciting and composing advertisements for customers and contracting for their insertion in publications.

The arrangement for the publication of the advertisement at issue was made orally in a conversation between plaintiff’s and defendant’s representatives. Plaintiff’s witness further testified that it was required to pay for the advertisement on behalf of defendant before publication and that it had so paid. When the publication appeared it developed that defendant’s advertisement bad been omitted…