88 Neb. 747 | Neb. | 1911
Plaintiff brought suit to recover an unpaid balance upon the following contract:
“The Art League, Cut Makers, 656 BroadAvay, New York. No. 2541. Book...... A Series. Any arrangement made with representative must be specified plainly on this order.
“Gentlemen: Send one cut (about 2 in. by 2 in., your A series) and copy of reading matter per week to use in this city only, both such as you think.best to advertise the grocery business, for one year and after that until further notice. I will pay you fifty-five cents for each cut, at the end of the quarter they are sent. In consideration of the above, this.exclusive right is given. The Art League agrees, upon accepting this, not to send any of the cuts sent under this agreement to any one else in the city mentioned, during the time.
“Dated, The Art League, Nov. 10, 1905. Per Jos. F. Taylor.
“O. E. Callender, (Name.)
“York, Nebraska. (Address.)”
Defendant prevailed, and plaintiff appeals.
Within a few days after the execution of the above contract, plaintiff began mailing, weekly, to the defendant the cuts and reading matter called for by tire contract, and defendant continued io receive them without objection or complaint of any kind until February 6, following, when he wrote plaintiff acknoAvledging receipt of a
We do not think the contract was void for lack of consideration, or for want of mutuality, as urged by defendant. The consideration on the part of plaintiff was that he would furnish one cut a week and copy of reading-matter, both such as he might think best to advertise defendant’s grocery business: For that defendant agreed
The evidence is conflicting as to how many cuts defendant had received at the time he wrote his letter of March 30. Defendant testified that he had only received
The judgment of the district court is therefore reversed and the cause remanded for further proceedings.
Reversed.