Smith v. The American Institute

Citations

• 7 Daly 526

Syllabus

<p>The plaintiff purchased from the defendant the right to exhibit at a fair held by it a certain article manufactured by her and known as an “ abdominal supporter,” and also the right to an allotment of space in the defendant’s building for the purpose of such exhibition, such rights purchased by the plaintiff being subject to the condition of a right in the board of managers of the defendant to refuse admission to any one whom they might consider an improper person, and to remove the goods of such exhibitor, and also to exclude any article they might deem objectionable, and the plaintiff, in connection with the exhibition of her manufacture, exposed and circulated a circular in relation thereto—part of the circular being in capital letters—in which it was stated that the article was especially adapted “ to the treatment of the various displacements of the uterus, and a relapsed state of the abdominal parts,” and “ for causing the womb and other organs to assume their natural positions,” and that “ ladies would find great comfort in wearing them before and after confinement,” and that “ in cases of pregnancy or very large abdomen No. 2 should be ordered,” and that “ they can be washed,” and that orders should be “ accompanied with measure around the largest part of the hips.” When the character of this circular was brought to the attention of the board of managers of the defendant they directed its suppression, and notice of their action was given to the plaintiff, and she was notified that if she did not suppress the circular or modify it her privileges would be withdrawn, and her goods removed from the exhibition. After she had persistently refused to do either, and after the amount paid by her for her privilege of exhibition had been tendered her, she was excluded from admission as an exhibitor, and her goods removed from the exhibition. Held, that the character of the circular and the plaintiff’s refusal to suppress or modify it justified such exclusion and rem