Held. The circumstances supported a promise by implication that Plaintiff would use reasonable efforts to place the endorsements and market the designs. Unless he gave his efforts neither party would gain anything from the contract. Also the one-half profit arrangement was a promise to use all of his efforts in order that the contract would have value to Plaintiff.Discussion. Justice Cardozo looks to the exclusive privilege given to Plaintiff and that acceptance thereof was an assumption of the duties to place and market the designs. With Plaintiff’s implied efforts to assume those duties, neither party could effectively make money.