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Civil Procedure Keyed to Field
Carmen v. Fox Film Corp.
Citation:
269 F. 928, 255 U.S. 569, 41 S.Ct. 323 (1921)Facts
Jewel Carmen, a California resident and motion picture actress, executed employment contracts with Fox Film Corporation and William Fox Vaudeville Company on July 31, 1917, when she was approximately 20 years old and a minor under New York law. These contracts provided for her exclusive services over a period extending to October 1921, with graduated compensation and renewal options. On March 28, 1918, several months before attaining her majority and while the Fox contracts still had several years to run, Carmen entered into a contract with Frank A. Keeney Pictures Corporation for her exclusive motion picture services beginning July 15, 1918. During negotiations with Keeney, Carmen represented that she was free to accept employment, failing to disclose her existing contractual obligations to the Fox defendants. Keeney testified he would not have contracted with Carmen had he known of her existing commitments and that he wanted to avoid any litigation. Upon learning of Carmen’s existing contracts, Keeney refused to proceed. Carmen then repudiated her Fox contracts on grounds of infancy and brought suit seeking to have them declared void, obtain injunctive relief preventing Fox from interfering with her employment relationships, and recover damages.
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