155 N.Y.S. 922 | N.Y. App. Div. | 1915
The defendant was the publisher of the Poultry Review, a monthly magazine. The plaintiffs were engaged as advertising brokers. Upon June 2, 1911, the defendant, as party of the first part, entered into an agreement with plaintiffs, as parties of the second part, whereby the party of the first part agreed to make the parties of the second part the advertising representatives of the publication for one year, commencing with the issue 1911. The agreement then provides:
“It is also further understood that, if the parties of the second part produce a total advertising income of $16,000 during this year, this contract is to remain in force for the following 12 months; and if the second year of this agreement the parties of the second part produce $20,000 advertising income to the publication, the contract is to remain in force for the succeeding 12 months.
“Party of the first part agrees to turn over to the parties of the second part all contracts for advertising now appearing, and all schedules to appear in the Poultry Review, and to allow parties of the second part 30 per cent, of the gross revenue received for advertising during the term of this agreement.”
At the end of the first year the defendant terminated the agreement upon the ground that the plaintiffs had not met the conditions required, and this action is brought for damages for such termination claimed on the part of the plaintiffs to have been unauthorized.
The “advertising contracts” turned over to the plaintiffs under the provision of this agreement amounted to about $8,000. If those contracts are to be included in the .$16,000 which was to be produced the first year, in order to entitle the plaintiffs to- a renewal of the agreement, then the plaintiffs have performed the condition entitling them to such renewal; otherwise, not. The trial court left to the jury to say what was meant in the requirement of the agreement that the plaintiffs were to “produce a total advertising income of $16,000 during this year.” The jury has found that the intention of the parties was to include the advertising contracts turned over to the plaintiffs under the terms of the agreement here in suit, and that the plaintiffs are entitled to recover damages for the defendant’s breach.