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Contracts Keyed to Whaley
Freund v. Washington Square Press
Citation:
Court of Appeals of New York, 1974. 34 N.Y.2d 379, 357 N.Y.S.2d 857, 314 N.E.2d 419.Facts
Freund (Plaintiff) was an author and a college teacher who granted Washington Square Press (Defendant) exclusive rights to publish and sell plaintiff’s work on modern drama. The contract stated that defendant agreed to publish the manuscript in a hardbound edition within 18 months of its receipt and pay royalties to plaintiff based upon the percentage of sales. If defendant deemed plaintiff’s manuscript “not suitable for publication” it had the right to terminate the agreement by written notice within 60 days of delivery of the manuscript. Defendant did not exercise its right to terminate the agreement, however it refused to publish the manuscript.
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