Lewis Publishing Co. v. Henderson

This is an appeal by plaintiff from an adverse judgment in an action to recover the sum of $565 on a rejected claim theretofore presented for allowance against the estate of Ellen M. Wetherbee, deceased.

The facts as they appear from the findings and the evidence supporting the findings are as follows: Mrs. Wetherbee subscribed for a set of books which plaintiff was about to publish, entitled “California and Californians,” the purchase price being $65. A few days later plaintiff’s representative stated to her that if she would agree to cancel said subscription and pay an additional $1,000 plaintiff would reproduce the portrait of herself and her deceased husband in said books from steel plates which would be entirely hand engraved and deliver to her a set of the books, the hand-engraved steel plates from which the portrait was to be reproduced and ten prints therefrom. Mrs. Wetherbee accepted the proposition and thereupon plaintiff’s representative prepared a memorandum of the agreement, which was addressed to plaintiff, signed by Mrs. Wether-bee, and provided among other things that one-half of the agreed price of $1,065 should be paid on submission of the proofs and the balance…