Van Vranken v. Union News Co.
| Decision Date | 28 December 1889 |
| Citation | 78 Mich. 217,44 N.W. 337 |
| Court | Michigan Supreme Court |
| Parties | VAN VRANKEN et al. v. UNION NEWS CO. |
Error to circuit court, Wayne county; GEORGE GARTNER, Judge.
Sands F. Moore, for appellants.
Moore & Canfield, for appellee.
The plaintiffs in this case reside in Detroit, and wished to start and distribute free, to passengers on incoming trains an advertising newspaper to be called "The Hotel Register." The defendant is a New York corporation, and had the exclusive control of the facilities for the circulation of such paper, and was distributing such a paper at Detroit, called "The Visitor," at that time. Dembite was the defendant's local manager at its office at the Michigan Central depot in Detroit, and Mr. Walsh was the general manager of the defendant's western division. Mr Wildman saw Walsh and told him of plaintiffs' project and was informed by Walsh that arrangements could be made for having the Hotel Register distributed on the trains, and about a week thereafter he called on Dembite to make a contract for such distribution. Mr. Dembite, after consulting Mr. Walsh in the matter, informed two of the plaintiffs that he was ready to make a contract with the plaintiffs, and plaintiffs claim they did make with said defendant a certain contract, partly oral and partly written, and that the written part was as follows:
"For a valuable consideration to us in hand paid, the receipt whereof is hereby acknowledged, we, the undersigned, the Union News Company of Detroit, Michigan, hereby agree to and with the publishers of the Daily Hotel Register, of Detroit, Michigan, as follows: That we will hand to each and every passenger, each and every day of the week, (except Sundays,) for the period of one year from the date hereof, a copy of the said the Daily Hotel Register, upon all incoming trains to Detroit; that is to say, upon the following trains, to-wit:
Canada S. R. R............ 8:05 A. M.
" " " .................... 1:05 P. M.
Michigan Central R. R.... 11:50 A. M.
Toledo " " ............... 8:00 A. M.
" " " .................... 9:45 A. M.
Bay City " .............. 11:00 A. M.
Lake Shore " ............ 12:25 P. M.
Grand Rapids Exp ........ 11:50 A. M.
Lake Shore Exp .......... 10:00 A. M.
That the verbal portion was that the consideration was $35 per month, to be paid in advance each and every month. That the month for which payment was to commence should not begin to run until said newspaper should be delivered to said defendant for distribution. Such is the contract claimed to have been made, except that by mistake of the scrivener the defendant's residence is represented as being at Detroit instead of New York. Plaintiffs aver that they paid defendant, on the execution of the contract, $35 in advance and that the newspaper was published for the first time on the 22d day of September, 1888, and on same day delivered to the defendant. That on the 22d day of October thereafter, and ever since that time, the defendant has neglected...
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Van Vranken v. Union News Co.
...78 Mich. 21744 N.W. 337VAN VRANKEN et al.v.UNION NEWS CO.Supreme Court of Michigan.Dec. 28, Error to circuit court, Wayne county; GEORGE GARTNER, Judge. [44 N.W. 337] Sands F. Moore, for appellants. Moore & Canfield, for appellee.SHERWOOD, C. J. The plaintiffs in this case reside in Detroit......