Irwin, Keelan & Sterck, Inc. v. Tracy

Opinion by

Mr. Justice Frazer,

Plaintiff corporation contracted in writing with defendant, Tracy, to furnish him with commercial advertising material and services during a period of one year, beginning July 14, 1925. At that date defendant was engaged in promoting the formation of a. corporation for the manufacture and sale of refrigerating apparatus, but no company was organized for that purpose until the following October 14th. By the terms of the contract plaintiff company was to act as Tracy’s advertising agency and as such prepare catalogues, folders and other like material, attend to the…