Contracts Keyed to Dawson
Clark v. West
Facts
Plaintiff and Defendant entered into a contract for the Plaintiff to write a series of law books. After the Plaintiff wrote “Clark & Marshall on Corporations” the parties had a disagreement. The contract had a clause that the Plaintiff agrees to abstain from the use of intoxicating liquors during the continuance of the contract and payment is dependent on the faithful performance of this condition and others to the contract. The Plaintiff was to be paid $6.00 a page if he did not drink and $2.00 if he did not comply with the condition. While Plaintiff was writing, the Defendant assures him that strict compliance to this condition is not necessary. Plaintiff started drinking and Defendant refused to pay him. Plaintiff’s complaint alleges that he is due $2.00 per page for the work completed but Defendant refused to pay him. Plaintiff’s breach of contract claim alleged that Defendant took out a copyright on Plaintiff’s work on corporations in the name of a publishing company, which had no relation to the contract and the relief asked for that the copyright be transferred to the Plaintiff or that he discover its value. Plaintiff claimed that Defendant broke the contract by causing the book to be copyrighted in the name of the corporation, which was not a party to the contract and brought this action to recover what he claims to be due to him. Defendant brought a Motion to Dismiss on the ground that it did not state facts sufficient to constitute a cause of action. The Special Term overruled the Motion to Dismiss, but the Appellate Division reversed the decision and the motion was sustained.
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