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Contracts Keyed to Templin
Freund v. Washington Square Press, Inc.
Citation:
34 N.Y.2d 379, 314 N.E.2d 419 (1974)Facts
In 1965, Philip Freund, an author and college teacher, entered into a written agreement with Washington Square Press, Inc. for the publication of his work on modern drama. The contract provided that Freund would receive a $2,000 non-returnable advance and royalties based on specified percentages of sales. The publisher agreed to publish the work in hardbound edition within 18 months of manuscript delivery and later in paperbound edition. The contract allowed the publisher to terminate within 60 days of delivery if it deemed the manuscript “not suitable for publication.” Freund delivered the manuscript and received the $2,000 advance. The publisher subsequently merged with another company, ceased publishing hardbound books, and failed to publish Freund’s manuscript in any form, despite not exercising its termination right. Freund sued for breach of contract, initially seeking specific performance.
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