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Contracts Keyed to Epstein
Wood v. Lucy, Lady Duff-Gordon
Citation:
222 N.Y. 88, 118 N.E. 214 (1917)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The defendant styles herself “a creator of fashions.” Her favor helps a sale. Manufacturers of dresses and like articles are glad to pay for a certificate of her approval. She employed the plaintiff to help her to turn this vogue into money. He was to have the exclusive right to place her indorsements on the designs of others. He was also to have the exclusive right to place her own designs on sale, or to license others to market them. In return, she was to have one-half of “all profits and revenues” derived from any contracts he might make. When the plaintiff placed her indorsement on fabrics, dresses, and millinery without his knowledge, and withheld the profits, he sued her for damages. The agreement of employment is signed by both parties. It has a wealth of recitals. The defendant insists, however, that it lacks the elements of a contract. She says that the plaintiff does not bind himself to anything.
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