Outcault Advertising Co. v. Smalley

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sought to recover judgment on a written contract providing for the payment of money. The defendants pleaded fraud and obtained judgment for costs. The plaintiff appeals.

The defendants signed a written contract stipulating that they should pay to the plaintiff $2.10 per week, during the period of one year, for the exclusive right to use certain advertising matter in Parsons. The defense was that the contract had been obtained by false and fraudulent representa*646tions made by the plaintiff’s agent; that the agent had represented…