Legal Opinion
Alling v. Trevor
New York Supreme Court
Decided December 15, 1898PublishedCited by 3 opinions
Action by assignee pf advertising agency to recover upon a contract for advertising the defendants’ wares.
1Opinion of the CourtMcAdam, J.
A contract by which an advertising agency agrees to insert the advertisement of its customer in particular newspapers, a specified number of times, and at stated intervals, in consideration of a gross sum, is undoubtedly entire and indivisible, and performance of the entire contract is a condition precedent to any right to recover the agreed price. The contract, as modified by the parties, required that the advertisement be published in the Youths’ Companion, Ladies’ Home Journal, Overland Monthly, Ladies’ Home Companion, Ladies’ World, Toilets, Demurest’s, twice in the Christian Herald, and…
2Cases cited2 opinions
- Oakley v. . MortonNew York Court of Appeals · 1854
- Cunningham v. CohenNew York Court of Common Pleas · 1895
3Cited by3 opinions
- Dunn v. T. J. Cannon Co.Supreme Court of Oklahoma · 1915
- Barney's Clothes, Inc. v. W. B. O. Broadcasting Corp.New York Supreme Court · 1937
- Lawrence Fertig Co. v. KleinAppellate Terms of the Supreme Court of New York · 1930