Perry Journal Co. v. Shaw

Plaintiff brought suit in the justice court to recover $52.76 alleged to be due under a written contract whereby defendant agreed to purchase newspaper advertising space. Judgment was rendered for plaintiff, and defendant appealed to the district court where, by agreement of the parties, the case was heard by the court upon a stipulation of facts.

The pertinent portions of the contract sued upon were substantially as follows: Plaintiff, publisher of the Perry Daily Journal, entered into a written contract with defendant for the primary term of one year, beginning December 1, 1945. Under such…