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Contracts Keyed to Kunz
Academy Chicago Publishers v. Cheever
Citation:
578 N.E.2d 981 (Ill. 1991)Facts
Academy Chicago Publishers (Academy) is interested in securing the exclusive rights to publish the fiction stories of the late John Cheever. Academy and Mary Cheever (Mr. Cheever’s widow) enter into an agreement to sell the exclusive publishing rights of the works of John Cheever to Academy. The agreement stated that the Academy’s Author (Franklin Dennis) “will deliver to the publisher on a mutually agreeable date one copy of the manuscript of the work as finally arranged by the editor and satisfactory to the publisher (Academy) in its form and content.” Academy’s editor locates 60 stories and compiles them into a book (“The Uncollected Stories of John Cheever”) but Mrs. Cheever then objects, in writing, to their publication. Academy files suit seeking a declaratory judgement that they have the rights to all of “The Uncollected Stories of John Cheever.”
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