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Harcourt Brace Jovanovich, Inc. v. Barry Goldwater
Terms in this set (4)
-The type of contract involved in the present case requires the publisher to act in good faith, and notes the obvious point that, allowing unfettered license to publishers to reject a manuscript submitted under contract would permit "overreaching by publishers attempting to extricate themselves from bad deals."
-Hill did not communicate with the authors regarding their submission and did not return Shadegg's phone call, ins tread conveying to Oscar Collier her unfavorable impression of the manuscript-critizing the tone, the lack of drama, and "flat writing."
-Shadegg and Goldwater made numerous attempts to meet with the editors.
-The publisher cannot act or not act in any way it wishes and to accept or reject a book for any reason whatever.
-It is clear, both as a matter of law and from the testimony in this case, that there is an implied obligation in a contract of this kind for the publisher to engage in appropriate editorial work with the author of a book.
-It is clear that an author who is commissioned to do a work under a contract such as this generally needs editing to produce a successful book.
-A distinguishing editor, Howard Cady, found the manuscript fascinating. He edited the manuscript in the normal way and produced a successful book.
In the present case, for the reasons stated, it must be concluded that HBJ did not act in good faith.
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