J. S. Strafford Publishing Co. v. N. Stetson & Co.
Superior Court of Pennsylvania
Appeal, No. 139, Oct. T., 1909, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1903, No. 3,401, on verdict for plaintiff in case of J., S. Strafford Publishing.Company v. N. Stetson & Company. Appeal from judgment of magistrate. The material portion of the contract upon which suit was • brought was as follows: “Philadelphia, Nov. 8, 1902. “The publishers reserve the right to refuse any advertisement of an objectionable character. “Privilege weekly change.
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Appeal, No. 139, Oct. T., 1909, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1903, No. 3,401, on verdict for plaintiff in case of J., S. Strafford Publishing.Company v. N. Stetson & Company. Appeal from judgment of magistrate. The material portion of the contract upon which suit was • brought was as follows: “Philadelphia, Nov. 8, 1902. “The publishers reserve the right to refuse any advertisement of an objectionable character. “Privilege weekly change. “Keith’s New Chestnut Street Theatre. “Insert our advertisement in the Keith’s Chestnut Street Theatre programme for the…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff was a publisher of theatrical programmes, and secured an order from the defendant in writing, the substance of which is: “ Insert our advertisement in'the Keith’s Chestnut Street Theatre program for the theatrical season of 1902 and 1903,” and the sole controversy in this case turns on the interpretation to be given to the expression “theatrical season of 1902 and 1903.”
On the trial the defendant offered to prove, as shown by contracts made by him with advertisers in theatrical programmes, the duration of the theatrical season for 1902 and 1903, in the Broad…
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