Ed. Schuster & Co. v. Kuryer Pub. Co.

• Decision Date: 04 April 1917
• Citation: 165 Wis. 327,162 N.W. 173
• Court: Wisconsin Supreme Court
• Parties: ED. SCHUSTER & CO., INC., v. KURYER PUB. CO.

165 Wis. 327

162 N.W. 173

ED. SCHUSTER & CO., INC.,

v.KURYER PUB. CO.

Supreme Court of Wisconsin.

April 4, 1917.

Appeal from Circuit Court, Milwaukee County; John J. Gregory, Judge.

Action by Ed. Schuster & Co., Incorporated, against the Kuryer Publishing Company. Judgment for plaintiff, and defendant appeals. Affirmed.

This action is brought in equity to restrain the defendant from breaching the terms of an advertising contract. The plaintiff is a corporation duly organized and existing under the laws of the state of Wisconsin, and operates three department stores. The defendant is also a corporation existing by virtue of the laws of the state and publishes a newspaper in the city of Milwaukee. On or about the 18th of February, 1913, the merchandise manager of the plaintiff and the advertising manager of the defendant contracted as follows:

“We hereby agree to contract with Ed. Schuster & Co. to sell you fifteen thousand (15,000) inches or more of space in the Kuryer Polski, to cover three (3) years beginning with March 1, 1913, and ending February 28, 1916, at the rate of 18 cents per inch, bills to be payable before the 15th of each month following. It is also understood that 5,001 inches, or more, are to be used each year. * * *

The right is hereby granted to Ed. Schuster & Co. to renew this contract for another two years, under like conditions and at the same rate.”

The contract was executed for three years by the parties. On December 27, 1915, the plaintiff elected to renew the contract under the option contained therein, and notified the defendant of such election by mail. It appears that the defendant corporation had a rule that all contracts for advertising for a period of more than one year must be submitted to the business manager of the corporation. At the time of making this contract plaintiff had no knowledge of such a rule of defendant. The contract, however, came to the notice of the business manager of the defendant corporation some time after August 1, 1914, and the defendant continued to furnish advertising to the plaintiff thereafter in accordance with the terms of the agreement, and in no way disavowed the contract. After March 1, 1916, the defendant refused to accept and publish the advertisements tendered it by the plaintiff, except upon the condition that the plaintiff would in advance of publication agree to pay a higher rate of advertising than the rate set forth in the original contract.

The circuit court adjudged that the defendant corporation be permanently enjoined and restrained during the continuance of the two-year extension of the contract after March 1, 1916, from refusing to receive and publish the advertising tendered by the plaintiff in compliance with the terms and conditions of such contract. It was also adjudged by the court that the plaintiff recover from the defendant nominal damages and its costs and disbursements of the action. From such judgment this appeal is taken.Cochems & Wolfe, of Milwaukee, for appellant.

William Kaumheimer, of Milwaukee, for respondent.

SIEBECKER, J. (after stating the facts as above).

[1] There is no dispute concerning the terms of the contract as originally agreed upon between the...