Wyckoff, Seamans & Benedict v. Ferree

Citations

• 168 Pa. 261
• 31 A. 1101
• 1895 Pa. LEXIS 786

Syllabus

<p>Contract — Construction of contract — Advertising in street car.</p> <p>Defendant, who was engaged in the business of street railway advertising, inserted plaintiffs’ advertising card in street ears in accordance with plaintiffs’ written instructions as follows: “You are hereby authorized (upon conditions expressed or referred to herein only) to insert our advertisement as per copy to be furnished by us, in one hundred and twenty-four cars as per other side of-this contract, to occupy a space of eleven by forty-two”. . . . etc. Plaintiffs claimed that defendant had agreed by parol to permit them to substitute the advertisement of other parties. This was testified to by one witness for the plaintiffs, and distinctly denied by defendant. Under a similar contract for the previous year, plaintiffs at their own request were permitted to sublet their space to other parties. Held, (1) that the evidence was not sufficient to sustain a finding by the jury, that the written agreement between the parties was changed or modified; (2) that plaintiffs were not entitled to recover damages from defendant on the ground that he refused to permit them to sublet their space.</p>