Smith v. Bert M. Morris Co.

Plaintiff instituted this action against Bert M. Morris Company and others, but as the action was dismissed as to all defendants except the Morris Company, we shall refer to the latter as the defendant.

The complaint is in two counts. The first alleges that the parties entered into an agreement whereby plaintiff agreed to prepare and print 250,000 pieces of advertising matter *872for the defendant, for which the latter promised and agreed to pay $756.50 plus $26.48 sales tax; that plaintiff fully performed his part of the contract by printing and delivering the advertising matter to the defendants…