This section contains the nature of the case and procedural background.

D is engaged in the manufacture and sale of an insecticide product known as 'Preventol.' P is engaged in the advertising business, styling themselves 'Advertising Counsellors,' who are, in a sense, advisors to the manufacturers of the country as to how to market their products. C. P. Hasbrook, treasurer and a director of D, had an interview with H. L. Staples, president, and J. W. Fawcett, vice president, of P, and commissioned them to prepare an advertising plan for D, showing them how to put 'Preventol' on the market. P proceeded to make the plans without expectation of payment therefor, if satisfactory, as in that event the P would be selected to handle the campaign and make his commission out of the publishers; and if unsatisfactory, it would be entitled to nothing, provided, in either event, a decision in good faith was made on the merits of the plan. On October 12, 1919, Staples and Fawcett presented the plan to C. P. Hasbrook, L. G. Larus, director, and Roger Topp, vice president and general manager of D, all three of whom expressed themselves as satisfied with the campaign plan in all respects. Hasbrook and Larus left the room, stating that Topp, as general manager, was the man to sell, and would have the last say; and at their suggestion, the plans were left at D's office for their study. Hasbrook attended a meeting of the board of directors in New York, taking with him the proxy of Larus. Having no notice of the meeting, no representative of P was present to explain the plan, nor was the plan itself, the sketches, statistics, merchandise data, or results of trade investigations, there. At the close of the meeting, Hasbrook telegraphed Topp: 'Our president deems it necessary to have a New York agent. Advise Staples.' P had spent a large sum of money to produce a satisfactory plan, and there is nothing in the telegram to indicate that the plan was not satisfactory. Topp told Staples and Fawcett that they did a good job; your work was fine, and we feel you ought to be recompensed, and we would like for you to send us a bill for your expenses.' P sent the bill, which was never paid. P sued D. P got the verdict, and D appealed.

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