D. Ghirardelli & Co. v. Students' Express & Transfer Co.

The Students’ Express and Transfer Company leased the dead wall of its building to the Diamond Rubber Company under a writing which declared, “In consideration of painting my sign on building as agreed free of charge value $40 I hereby lease to undersigned, lessee,” the wall of building located, etc., “for advertising purposes for a period of five years from date with privilege to said lessee to further use said space for a like consideration from year to year, not however to exceed five years.” The Diamond Rubber Company then upon this wall painted the advertising sign of the Transfer Company and its own advertising sign. This was in the latter part of 1911. In February, 1913, the Transfer Company wrote to the Diamond Rubber Company as follows: “We hold your company’s contract covering the painting of our warehouse in exchange for use of a certain portion of its side for advertising purposes. As the first and only work was done over a year ago we should be glad to have the work repeated before our busy season commences.” The work referred to is admittedly the work of repainting the advertising sign of the Express Company. To this letter the Diamond Rubber Company made prompt…