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Remedies Keyed to Kovacic-Fleischer, 8th
American List Corp. v. U.S. News & World Report, Inc.
Citation:
75 N.Y.2d 38, 550 N.Y.S.2d 590, 549 N.E.2d 1161 (1989)Facts
In 1984, defendant U.S. News & World Report, seeking to expand circulation in the college student market, negotiated a 10-year agreement with plaintiff American List Corp. whereby plaintiff would compile and rent mailing lists of college student names. Since plaintiff had previously only produced high school student lists, defendant agreed to finance start-up costs by paying larger fees per name during the first five years. The contract, drafted by defendant, included a schedule estimating the number of names, fees, and plaintiff’s projected losses and profits over the 10-year period. The agreement also provided that defendant agreed to accept up to 25% more names than estimated during years one through five at the scheduled cost per name. Martin Lerner signed for plaintiff and Joseph Acerno, vice-president of circulation, signed for defendant in January 1984. One year later, defendant was purchased by new ownership, Acerno was replaced by Jacob Weintraub, and in September 1985, Weintraub canceled the contract. Prior to cancellation, defendant had accepted and paid for names from three mailings over one and one-half years.
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