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Contracts Keyed to Epstein
Parker v. Twentieth Century-Fox Film Corp.
Citation:
3 Cal.3d 176, 89 Cal.Rptr. 737, 474 P.2d 689 (1970)ProfessorMelissa A. Hale
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Facts
Plaintiff, a well known actress, agreed with the defendant to play the female lead in defendant’s contemplated production of a motion picture entitled “Bloomer Girl.” The contract provided that defendant would pay plaintiff a minimum guaranteed compensation of $53,571.42 per week for 14 weeks. Defendant, however, decided not to produce the picture and notified plaintiff of that decision and that it would not comply with the contractual obligation. By the same letter and with the purpose to avoid any damage to the plaintiff, defendant instead offered to employ plaintiff as the leading actress in another film entitled “Big Country, Big Man.” The compensation was identical. Under “Bloomer Girl,” however, which was to have been a musical production, “Big Country” was a dramatic western type movie. “Bloomer Girl” was to have been filmed in California; “Big Country” was to be produced in Australia. Plaintiff did not accept the offer but commenced this action seeking recovery of the agreed compensation.
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