Hamrick

In this action by plaintiffs-respondents, and cross-defendants, husband and wife, against defendants-appellants and cross-complainants for declaratory judgment under section 1060 of the Code of Civil Procedure involving the interpretation of and rights of the parties in an installation and service agreement, plaintiffs prevailed. The agreement involved (Exhibit 1) reads in part:

“In consideration of Acme Cigarette Service, . . . installing and servicing various cigarette vending machines in the undersigned’s place of business $125.00 Advanced Commissions and other valuable consideration, the undersigned agrees to, and does hereby, assign and grant to Acme the exclusive right and privilege of selling cigarettes at said premises for a period of one year commencing with the 4th day of Sep *342 tember, 1953, and thereafter from year to year unless sooner terminated by written notice sent registered mail by either party to the other not later than sixty (60) days prior to the expiration of the term, or any extension hereof; and during said period, further agrees not to permit any person, firm or corporation other than Acme to sell, trade in, or offer cigarettes for sale at said…