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Contracts Keyed to Frier
Contemporary Mission, Inc. v. Famous Music Corp.
Facts
Contemporary Mission, Inc. (Contemporary) (plaintiff) entered into a contract (the Virgin agreement) with Famous Music Corporation (Famous) (defendant). Both agreements required Famous to use reasonable efforts to promote and distribute the records. Famous later sold its record division to ABC Records, Inc. (ABC), which refused to have any relationship with Contemporary. Contemporary sued Famous. The jury held that Famous had failed to adequately promote Contemporary’s records and that Famous breached the agreements when it sold the record division to ABC; thus, the jury awarded damages to Contemporary. Famous appealed.
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