Green

Action to recover a balance of $431.70, alleged to be due upon a contract. Judgment went for defendant, from which, and an order denying its motion for a new trial, plaintiff appeals.

Plaintiff was engaged in the laundry business and defendant was the recognized owner of what is known as a “driver’s route,” throughout which, with a horse and buggy owned by him, he engaged in collecting and delivering articles for laundering, and when the work was done returned and redelivered the same to the owners thereof. On February 21, 1906, the parties entered into a contract, which was to continue in force for two years from and after the fourteenth day of May, 1906, and which contract contained provisions as follows:

It was further provided that operations should begin under the contract on May 14, 1906, and continue for a term of two years thereafter; and that said second party might sell and transfer his route and assign his contract, upon the condition that such purchaser and transferee should be satisfactory to the party of the first part.

The complaint alleged that defendant entered upon the performance of his contract and continued in the performance thereof until about the fourth…