Austin v. Southworth

The National Cyclopedia of American Biography was in process of publication by James T. White & Co., plaintiff’s assignors, when the defendant agreed in writing to take six volumes of the complete series of twelve, “which is to contain the biographical sketch and marginal vignette portrait of-, at the price of ten dollars per volume, the subscription price per volume payable on delivery, upon the terms stated above.” These terms were erased on the execution of the contract, and are not now apparent in the actual agreement. Whether the six volumes to be taken by defendant were to be paid for…