I hereby authorize you to insert my advertisement in the programs of the Washington, Lincoln and Jefferson Theatres, in the Borough of Manhattan, New York City; and, for that purpose, I hereby hire the space of one-quarter of a page in the programs which shall be supplied by you to each of the said theatres, during the theatrical season of 1923-1924; and I agree to pay you therefor the sum of thirty ($30) dollars on the last business day of each month during such period.

If, for any reason, performances shall not be given, at any time or times, in any of the aforesaid theatres, this contract shall, nevertheless, continue in force, but I shall receive a pro rata allowance for the performances omitted.

The omission of the advertisement from one, or more, issues of any program, or programs, shall not constitute a violation of this agreement, but I shall be entitled to receive, at your option, either a pro rata rebate therefor, or an additional publication in such program, or programs, for every such omission.

Yours very truly,

Mr. Richard Roe,

Name: Richard Roe.
Address: 372 Broadway,

New York City.

New York City,

January 5, 1923.

Dear Sir:

We hereby accept your offer to advertise in the programs of the Washington, Lincoln and Jefferson Theatres, in the Borough of

Cf. Ware Brothers Co. v. Cortland Cart & Carriage Co. (1913), 210 N. Y. 122, 103 N. E. 890; Ware Brothers Co. v. Cortland Cart & Carriage Co. (1908), 192 N. Y. 439, 85 Ń. E. 666, 22 L. R. A. (N. S.), 272, 127 Am. St. Rep. 914.

Manhattan, New York City, which was delivered to us by our Mr. Jones. We have reserved for you the space specified, and an exact copy of your offer is hereto annexed.

Thanking you for your business, we are,

Yours very truly,

John Doe & Co.,

By John Doe,
President.

[Annex to This Acceptance Copy of Advertiser's Offer.]

No. 4.

Agreement to insert advertising cards in street cars.*

New York City, January 5, 1923.

We hereby rent from the Doe Car Advertising Co., upon the terms and conditions printed on the back hereof, eleven by twentyone (11x21) inches of space in each of the street cars operated on the following lines in the Borough of Manhattan, New York City: Columbus, Amsterdam and Fourth Avenues; and we authorize the said Doe Car Advertising Co., to place and maintain our advertising cards in such space, for the period of five successive weeks, beginning on January 5, 1923; and, in consideration thereof, we agree to pay the sum of five thousand ($5,000) dollars to the said Doe Advertising Co., on or before February 11, 1923.

We agree that the subject of the said advertising cards shall be the Roe Park Estates.

Advertiser: Roe Park Estates,
By Richard Roe,
President.

Address: 371⁄2 Broadway,

New York City.

The Doe Car Advertising Co., hereby lets the aforesaid space to the advertiser, and agrees to place and maintain the cards of the advertiser in the said street cars, upon the terms and conditions printed on the back hereof, and for the consideration stated above. Doe Car Advertising Co., By John Doe, President.

Adapted from New York City Car Advertising Co. v. Morris Park Estates, (1917), 222 N. Y. 552, 118 N. E. 1070.

(Reverse Side.)

1. The advertiser shall furnish all cards required, and the style and contents of all such cards, before their insertion, shall be approved of by the Doe Car Advertising Co.

2. The advertiser alone shall bear any loss which may result from any delay in delivering approved cards to the Doe Car Advertising Co., for insertion.

3. The omission by the Doe Car Advertising Co., of a reasonable number of cards from the street cars mentioned, shall not constitute a breach of this contract, but any such omission, or omissions, shall entitle the advertiser to receive a pro rata rebate for the number of such cards that may be omitted.

4. The lines, as named herein, are intended to be descriptive of the routes.

5. The leasing of the space herein provided for is subject to such changes in the operation of the street cars as may be made by the corporation, or corporations, operating the street cars in which the said advertising cards are to be placed; and, if street cars of other lines should be operated over the lines herein named, the advertiser shall be entitled to the full amount of space contracted for, whether in the street cars of the lines herein mentioned, or in the street cars of such other lines as may be run over the same route, or routes.

6. If, before the expiration of this contract, the Doe Car Advertising Co., for any cause, shall cease to have the right to maintain, retain, control or continue to rent any part of the space contracted for in, or upon, the cars of any line, or lines, named herein, this contract shall continue in full force and effect in respect of such line or lines as shall not be eliminated by such cessation; and the advertiser shall have no claim against the Doe Car Advertising Co., by reason thereof, except to obtain a pro rata reduction for the amount of space thereby discontinued.

7. All payments must be made to the Doe Car Advertising Co.. or order.

8. The advertiser shall not assign, or sublet, this contract, without the written consent of the Doe Car Advertising Co., first obtained.

9. Every stipulation is contained in this contract, and it is agreed that no verbal condition shall bind either party thereto.

No. 5.

Agreement authorizing erection and maintenance of bulletin board for displaying advertisements.5

AGREEMENT, made January 5, 1923, between John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"),

WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

1. That the First Party hereby lets to the Second Party, and the Second Party hereby takes from the First Party, all of the roof of the premises, known as No. 572 Broadway, Borough of Manhattan, New York City, for a term of two years, beginning on the date hereof and ending on January 4, 1925, for use by the Second Party solely for the purpose of erecting and maintaining thereon a bulletin board for displaying advertisements of a lawful nature, other than advertisements relating to tobacco or smokers' articles.

2. That the Second Party shall pay to the First Party the yearly rental, or sum, of two thousand ($2,000) dollars, in installments of one hundred and sixty-six and 66/100 ($166.66 2/3) dollars each, in advance, on the first day of each month.

3. That the Second Party shall have the right to equip said bulletin board with necessary equipment, consisting of wires and such other things as may be necessary, or incidental, in erecting and maintaining said bulletin board, provided, however:

(a) that the Second Party shall, in each instance, first obtain any necessary permission therefor, or consent thereto, from the proper municipal departments, or bureaus, and from the Board of Fire Underwriters, and

(b) that neither the said wires nor equipment shall interfere with any of the tenants of said building.

4. That, for the purpose of erecting and maintaining said bulletin board, as well as for the purpose of changing the same, or the equipment thereof, from time to time, the Second Party shall have access to said roof, during business hours.

5. That the Second Party shall, at his own expense, during the

Adapted from Merchants' Realty & Improvement Co. v. N. Y. Hippodrome (1911), 201 N. Y. 601, 95 N. E. 1140.

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continuance of this agreement, keep, in complete repair, the plumb-
ing work, pipes, tin, slate and glass of the said roof, in so far as
such repair, or repairs, may become necessary, or desirable, as the
result of the erection, or maintenance, of the bulletin board on said
roof, or by the use thereof. If, however, the Second Party shall
fail to make said repairs, at all times, the First Party may do so,
at the expense of the Second Party, without notice; and, thereupon,
any amount so expended by the First Party shall be deemed to be
rent, and shall be added to, and form a part of, the rent for the next
succeeding month, with the same effect as if said sum had been
originally included as a part of the rent herein.

6. That the First Party reserves the right, in his discretion, to
enter upon said roof and make any improvements, which he may
desire, or to erect or construct skylights thereon, at any time; and
the Second Party shall, at all times, maintain the said bulletin
board, wires and other equipment on said roof without interfering
with access to the roof, or any parts thereof, or with the light of
any skylight, which may be erected, or constructed, on the said roof,
or with the draught of the furnace chimney, or chimneys, thereon.
7. That the First Party shall not be liable for any damages, or
injuries, sustained by the Second Party, by any cause, or by any
fluid.

8. That, if, on or before January 4, 1925, the Second Party shall fail to remove the bulletin board and equipment from the said roof, the First Party may, within one week after January 4, 1925, do so, at the expense of the Second Party, or the First Party, at his option, may treat the failure of the Second Party to remove the bulletin board and equipment from the said roof, within the time prescribed therefor, as a continuation of this agreement, upon all the terms, covenants and conditions herein set forth, for the period of one year from and after January 4, 1925.

9. That the First Party may, at his election, enforce any of
the terms, covenants, or conditions hereof, by injunction, without
waiving any other right, or remedy, to which he may be entitled,
at law, or otherwise.

IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals, the day and year first above written.
John Doe (L. S.).

In the presence of

John Jones.

Richard Roe (L. S.).