Illuminated Car Sign Co. v. Wilson

Citations

• 21 Ohio C.C. Dec. 87

Syllabus

<p>CONTRACTS — DAMAGES.</p> <p>1. Construction of Contract Requiring Approval of Purchaser of Goods.</p> <p>A contract providing that a sign maker should receive from an illuminating car sign company “one-half the profits” derived by the latter from “all signs which it should make and furnish and which should be placed” on certain street cars, will be construed to amount to an admission that the signs were subject to the approval of the street car company acting in good faith.</p> <p>2. Cost of Reconstruction Excluded in Determining Actual Cost of Manufacture as Basis for Division of'Profits.</p> <p>The cost of reconstruction of goods due to the negligence of the manufacturer cannot be included in ascertaining the actual cost of manufacture thereof upon which profits in a joint enterprise are to be determined and division made.</p> <p>[Syllabus approved by the court.]</p>