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HUBER HOGE, INC. v. SMITH & WESSON

No. 2265.

32 F.2d 699 (1929)

HUBER HOGE, Inc., v. SMITH & WESSON.

Circuit Court of Appeals, First Circuit.

May 14, 1929.

Attorney(s) appearing for the Case

Eli J. Blair, of New York City (Morton Collingwood and Dennis E. Sullivan, both of Boston, Mass., on the brief), for appellant.

Harold P. Small, of Springfield, Mass. (Wooden, Small & Mallary, of Springfield, Mass., on the brief), for appellee.

Before BINGHAM, Circuit Judge, and ANDERSON and HALE, District Judges.

ANDERSON, Circuit Judge.

The ruling of the court below, that the plaintiff could not recover, was plainly right.

The written agreement between the parties, dated January 23, 1926, contained this stipulation:

"This agreement is terminable at any time simply upon notification, and we merely ask protection on any current commitments made on your request."

On the undisputed facts, the agreement between the plaintiff, an advertising agent, and the...

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