Advertising managers, by that name, generally come under the legal designation of "employes," because they are usually employed to render service under the direction of one who has the right to disapprove of the service and the power to discharge.

The control over an advertising manager need not be by the master or employer-that is, the advertiser, himself—it may be by another servant, or employe, the sales manager, for instance, acting for the advertiser.

116. Term of Service.-Except in Colorado, Illinois, Missouri, and New York, where the doctrine has recently been questioned, the term of service of an advertising manager or other employe is presumed to be for the time adopted as the basis of the salary or wages, in the absence of a usage or custom of trade, or of the place, the conduct of the parties, or other evidence disclosing a contrary intention. This principle is supported by a statute in California.

For example, where one is to be paid at a yearly rate, the hiring is presumed to be for a year; where the employe is to be paid at a daily rate, the hiring is presumed to be for 1 day; and where he is to be paid by the piece, the hiring is presumed to be for an indefinite time.

Where one was employed by the month, and told his employer that he wished a more permanent arrangement, and an amount per year was agreed upon, payments to be semiannually, it was held that a hiring for a year might be presumed. So where one was employed "at a salary of $1,500 a year," payable in weekly instalments, a hiring for a year was inferred.

Where the employer telegraphed the employe that he could offer him employment at $65 per month, and that the job would last all the year, there was, upon acceptance, a hiring for a year.

Where an accepted offer of employment concluded, "and if you give me satisfaction at the end of the first year, I will increase your salary accordingly," it was held that a yearly term was created.

The very fact that there is no universal usage or custom fixing the duration of a contract by the arrangements regarding payment of salary or wages renders it advisable that employers and employes should definitely settle the point at the time an agreement is made.

117. Usage or Custom.-A usage or custom to be effective must be known to both employer and employe and enter into and become a part of the contract.

118. Continuing After Term Has Expired.-Where a fixed term of employment has expired, and the relation continues, the parties will be held to have renewed the contract, but the term cannot be for more than a year without a further tacit renewal because, as has been pointed out, contracts not to be performed within a year must be in writing.

119. Where Term Depends on Mutual Satisfaction. Where an advertising manager or other employe engages at a fixed salary only so long as both he and his employer are satisfied, he may end the relation at any time, and recover at the agreed rate for the period of actual service. If, however, both the salary and period of service are fixed, an employe cannot ordinarily end the relation without sacrificing the salary.

120. Interruption of Work.—Where one was employed for a given time at a specified sum, but during 4 weeks of that time did not work, because the business had been interrupted by fire, though ready and willing to work, the employer was bound to pay the agreed salary during the agreed time.

121. Quitting Employment.-An employe may quit an employment and recover at the agreed rate for the period of actual service where:

1. The advertiser, or the person to whom the advertising manager or other employe is subordinate, neglects or refuses to furnish work, or in some other way makes impossible the fulfilment of the contract by the employe.

2. The advertiser has failed to pay an instalment of the compensation agreed upon.

3. Unforeseen sickness, accident, or death interferes with or makes impossible further service.

4. Conditions have arisen which change the nature or character of the employment, or threaten the loss of compensation.

5. The employer threatens the employe with personal violence.

Where by the terms of a contract, an employe is required to give his employer a specified notice of intention to quit, he must do so in order to recover compensation for the period of service. If the notice is required to be in writing it must be given in that way, unless the employer waives the formality; but even then it is better to live up to the letter of the agreement, and have the tangible evidence. A prudent employe will, of course, save a copy of his notice.

122. Exclusive Service.-Usually where an advertising manager is engaged for a fixed compensation, his employer is entitled to his exclusive service within the scope of the employment. Notwithstanding the fact that the employe does extra work, he is not entitled to extra compensation, without an express agreement therefor.

123. Contingency.-Where it is agreed that compensation is to depend upon a contingency, the success of an enterprise, or something of that sort, there can be no recovery until the contingency arises.

124. When Wages Are Payable.-Where an employe is engaged to do work by the day, month, or year, and nothing is said as to the time of payment, his wages are payable at the close of each day, month, or year, as the case may be, in the absence of statute to the contrary.

125. Discharge.-An advertiser or other employer may discharge an employe, and thus terminate the contract of employment for good and sufficient cause, such as intoxication, accepting and soliciting bribes, insubordination, disclosing the secrets of the business, incompetence, habitual neglect of duty, improper deportment towards customers and employes,

entering into competition with employer, misappropriation of funds, and other illegal and immoral conduct.

To constitute a discharge the employer's desire to terminate the relation must be so expressed as to leave no doubt in the mind of the employe. No particular form of words is necessary; nor is it necessary to assign a cause, although it is necessary in the event of suit, to prove a good and sufficient cause.

126. Resignation. - A resignation tendered by an employe and accepted by the employer is, in the absence of duress, fraud, or mistake, a binding contract, and ends the employment. Duress in such a case is a threat or “pressure.”

A resignation tendered after the employer had threatened to discharge the employe if he refused to resign, is held to be a voluntary resignation, and cuts off an employe's rights to recover damages for a wrongful discharge.

127. When Employer Changes Terms of Resignation.-If an employe tenders a resignation which the employer accepts, but with a change in the time or other conditions upon which it was proposed to take effect, the employer's act constitutes a discharge; and, unless the employe accepts the altered terms, it is advisable for him to reply in writing, preserving a copy of the letter or memorandum, that he, the employe, shall (not will), comply with the employer's instructions, or follow his wishes, whichever form seems more fit, and withdraw from the service of the concern at the time mentioned by the employer, but in doing so, he, the employe, reserves all his rights under his contract of employment, which he is ready, willing, and again offers to fulfil.

SPACE AND COPY

128. Declining Copy.-A newspaper, magazine, or other periodical may decline to publish copy which is misleading or which relates to a business that it deems injurious to public morals, and as to this it may be the sole judge in the absence of a conspiracy or of malicious or other improper.

motives. It may also decline to publish copy when an advertiser has no commercial rating, or the rating is such as not to warrant extension of credit.

129. Care and Diligence.-A newspaper, magazine, or other periodical is not an insurer of the accuracy of the advertising it carries, and is responsible only for reasonable care and diligence. This does not excuse negligence, and where, through a lack of reasonable diligence, a publication fails to insert an advertisement which it agreed to run, or through a lack of reasonable care publishes a typographical error, it is responsible to the advertiser, provided he is not guilty of contributory negligence. To illustrate: Where a furnishing goods store put on sale men's hats at $2.75, and notwithstanding the copy was correct and legible, besides being furnished in ample time to allow of proof-reading, the price as published was $.75, the publication was liable to the advertiser for the payment of $2, on each hat sold, or the difference between the amount shown on the copy as furnished and as published; provided the store acted in good faith and did not try to take advantage of the error, by suggesting to a customer for another article that he buy one of the hats at 75 cents, inasmuch as they were really intended to be sold at $2.75, but through a mistake of the publication were being offered at the lower price.

A publisher or other owner of space is also responsible to a reader of an advertisement for damages reasonably and approximately resulting from an error, misrepresentation, or other fault due to a lack of care and diligence on the part of the publisher or owner of space.

130. Interpretation of Various Contracts.-Advertising space is a commodity governed by the same principles of contract that apply to other property of a similar nature. It is bought for a definite time, with or without a reservation of the right of previous cancelation on notice, and for an indefinite time, subject to such cancelation, or till forbid ("t. f.," as the arrangement is called). By this arrangement an advertisement is to run until the publisher is notified to take it out.