Contracts Keyed to Dawson
Freund v. Washington Square Press, Inc.
The Plaintiff sought specific performance, but it was denied. The trial court denied lost royalties, but found that the cost of hardcover publication was the natural and probable consequence of the breach, and awarded $10,000 to cover this cost. The Appellate Division affirmed, holding finding that the cost of publication was the proper measure of damages. However, the dissent concluded the cost of publication was not the proper measure of damages, and that the Plaintiff could recover nominal damages only.
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