35 Misc. 285 | N.Y. App. Term. | 1901
This case turns upon a written contract between the parties, which is so plain as to scarcely require construction. The contract, which was dated November 26, 1899, authorizes the plaintiff to insert the defendants’ advertising card in certain street surface cars “ for a term of twelve months commencing December 1st 1899.” The contract contained the following clause: “ Posner Bros. reserve the right to discontinue this contract at the end of three months by giving the Railway Advertising Company 30 days previous written notice and paying $25 per month additional.” The contract thus, by its terms, began to run on December 1, 1899, and was to continue for one year unless terminated in the manner therein prescribed. It could be discontinued only at the end of three months from the commencement of the term,
Present: Scott, P. J., Beach and Fitzgerald, JJ.
Judgment reversed and new trial ordered, with costs to abide event.