Star Publishing Co. v. Knosher & Co.

Citations

• 62 Wash. 215
• 113 P. 569
• 1911 Wash. LEXIS 678

Syllabus

<p>Contracts — Modification—Cancellation. A modification whereby a contract for advertising space on three days in the week was changed so as to take all the space on one day of the week does not amount to a cancellation of the contract.</p> <p>Contracts — Breach—Damages. Damages for breach of an advertising contract are not limited to the profits, but cover the full contract price, where the contract gave the newspaper the option to hold the space open or to utilize it for other purposes and in either event receive the full compensation fixed in the contract.</p> <p>Same — Measure of Damages — Burden of Proof. Prima facie, the measure of damages for the breach of an advertising contract is the contract price, and the burden is upon the party in default to show facts in mitigation thereof.</p>