Eastern Advertising Co. v. E. L. Patch Co.
Massachusetts Supreme Judicial Court
Contract for $3,315 and interest upon three contracts in writing for the sale by the plaintiff to the defendant of advertising space in electric street cars. Writ dated November 18, 1918. In the Superior Court the case was tried before Raymond, J., upon an agreed statement of facts.
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Contract for $3,315 and interest upon three contracts in writing for the sale by the plaintiff to the defendant of advertising space in electric street cars. Writ dated November 18, 1918. In the Superior Court the case was tried before Raymond, J., upon an agreed statement of facts. It appeared that the contracts were upon printed blanks prepared by the plaintiff and, before signature, had printed at the bottom the words, “Approved Eastern Advertising Co. “By ” ■ The plaintiff had performed the services required of it by the provisions of the contracts. Other material facts agreed to by the…
1Opinion of the CourtCarroll, J.
The plaintiff seeks to recover on three contracts in writing for the sale' of advertising space in electric cars. The defendant contends that the contracts were not approved by the plaintiff’s president or treasurer, as required by the contracts, and that the defendant was induced to execute them because of an oral promise by the plaintiff’s agent “that although the plaintiff would not insert such a clause [a clause providing for the cancellation of the contract] in writing in the contract the defendant would have the right to cancel such contract at any time it found such car advertising…
2Cases cited11 opinions
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- International Textbook Co. v. MartinMassachusetts Supreme Judicial Court · 1915
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- McLean v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1913
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