Myers v. Gross

Citations

• 59 Ill. 436

Syllabus

<p>1. Contract for the sale of an edition of looks—construction thereof. A publisher of a book entered into a contract with a bookseller, by the terms of which the latter was to advertise the book in his circulars and lists, for which, and for his commissions on all sales made by him, he was to receive twenty per cent-of the gross receipts, to be deducted month by month, at which times he was to account and pay over to the publisher the residue. It was also agreed that the bookseller should sell the entire edition, the publisher reserving “the privilege of selling at retail what few copies might be demanded through him, without commissions to the bookseller.” It was held, that while it was for the jury to say, from the number of the edition and all the circumstances of the case, what number should be regarded as a “few copies,” which might be sold by the publisher without commissions to the bookseller, it could not have been intended to embrace in the reservation so large a proportion of the edition as to-exceed one-third thereof.</p> <p>2. Nor had the publisher the right, under the contract, to advertise the book and solicit orders for its sale,—that was clearly prohibited, by the spirit, if not by the letter of the contract.</p> <p>8. Should the publisher, in such case, sell at retail more books than he was authorized to sell under the agreement, the bookseller would be entitled to his commissions on the residue the same as if he had sold the books himself.</p> <p>4. It seems, after the making of this contract, by an understanding between the parties, a bill was introduced in the legislature, providing for the purchase, by the State, of a certain number of copies of the book. The bill, as originally drawn, provided that the books should be purchased from the bookseller, who agreed with the publisher to accept half commission on the books to be sold to the State. Subsequently the publisher procured the bill to be so amended that the books should be purchased direct