Hewitt v. Norman Lichty Mfg. Co.
Supreme Court of Iowa
Appeal from Polk District Court.- — Hon. James A. Howe, Judge. Plaintiees sue to recover commissions for acting as agents of defendant in procuring the insertion in one hundred newspapers of advertisements of “Diners Digesters/’ a remedy for dyspepsia and indigestion manufactured by defendant, at the agreed commission of $3 for each newspaper in which the insertion of such advertisement was procured, and the additional sum of twenty cents each for electrotypes furnished to…
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Appeal from Polk District Court.- — Hon. James A. Howe, Judge. Plaintiees sue to recover commissions for acting as agents of defendant in procuring the insertion in one hundred newspapers of advertisements of “Diners Digesters/’ a remedy for dyspepsia and indigestion manufactured by defendant, at the agreed commission of $3 for each newspaper in which the insertion of such advertisement was procured, and the additional sum of twenty cents each for electrotypes furnished to the publishers of such papers for insertion. The defendant admitted the making of the contract with plaintiffs for such…
1Opinion of the CourtMcClain, J.
The negotiations between the parties leading up to the contract for commissions on which plaintiffs sue commenced with the sending of a circular letter by plaintiffs to defendant exploiting a scheme "for securing the insertion in newspapers of advertisements of defendant’s manufactures, to bé paid for by duebills of defendant issued to the publishers of the newspapers inserting the advertisements, by which duebills the defendant should promise to deliver to the publishers for each advertisement specified quantities of defendant’s manufactures for a cash price to be paid, which was much less…
2Cases cited2 opinions
- Hofflin v. MossCourt of Appeals for the Eighth Circuit · 1895
- Allen v. PierpontU.S. Circuit Court for the District of Connecticut · 1884
3Cited by3 opinions
- Popejoy v. EastburnSupreme Court of Iowa · 1950
- Githens v. JohnsonSupreme Court of Iowa · 1923
- Preston v. McClellandSupreme Court of Iowa · 1923