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Contracts Keyed to Calamari
Wyler Summit Partnership v. Turner Broadcasting System, Inc.
Citation:
United States Court of Appeals, Ninth Circuit, 1998. 135 F.3d 658.Facts
Plaintiff entered into a contract for production of a movie wherein he was paid $350,000 for his services, plus a percentage of the gross receipts. The receipts were to be paid in $50,000 annual installments pursuant to a condition added by the plaintiff. The movie was more successful than anticipated, and the gross receipts due to the plaintiff were substantial. However, because of the aforementioned provision, the plaintiff was paid only $50,000 per year, and the balance was retained by the defendant. The defendant also kept the interest generated by the balance, for which the plaintiff brought suit alleging that they were entitled to the interest income.
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Conditions