Lehmann

Plaintiff appeals from judgment in favor of defendants.

Plaintiff is an Illinois corporation engaged in supplying trading stamps and free enlarged portraits, and paid-for frames therefor, to merchants desirous of increasing trade by such methods. Defendants are merchants in the town of Oxnard, Ventura county, California.

Prom the complaint it appears that plaintiff and defendants entered into a contract in writing whereby the former agreed to print the name and business of defendants in its citizens’ stamp directory, to canvass and deliver to the homes of Oxnard and vicinity copies of the stamp directory, explain the use of it, and to secure orders from at least one hundred persons for portraits, to be given free by defendants, upon presentation of twenty-five dollars’ worth of stamps. In consideration for this the defendants were to pay to plaintiff $175 for one hundred oval frames, upon the completion of the canvass, and to receive from plaintiff a sufficient amount of stamps to carry out the scheme shown in the contract, paying therefor fifty cents per hundred for all stamps used, to make weekly ■ settlements and to promptly return all redeemed stamps. The contract to…