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Contracts Keyed to Farnsworth
Zilg v. Prentice-Hall, Inc
Facts
Plaintiff is an author and Defendant a publishing company. Plaintiff approached Defendant about publishing his book about the DuPont family’s role in American social, political and economic affairs. The parties thereafter entered into a form contract that provided in relevant part that Defendant had the right to exercise discretion as to the advertising, publicizing and selling of the work. After an advance copy of the book generated some negative responses, Defendant cut the first printing of the book by 5,000 copies and the advertising budget by $9,500. Thereafter, Plaintiff initiated this action because he claims that Defendant’s actions breached its obligation under the contract to promote the book fully and fairly.
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