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Doubleday & Company, Inc. v. Tony Curtis
Terms in this set (5)
Did Doubleday & Company, Inc. act in good faith?
-After reading the first half of "Starstruck", Zachheim wrote Curtis with a number of suggested changes.
-Curtis was to receive a $100,000 advance against future royalties for Starstruck, half paid on signing of the contract, and half on publisher "acceptance of completed satisfactory manuscript"
-Zackheim and his superior, Elizabeth Drew judged Starstruck to be unpublishable "junk, pure and simple"
-a contract containing a "satisfaction clause" may be terminated only as a result of honest dissatisfaction-would seem especially appropriate in construing publishing agreements.
For the reasons stated, the court concluded that Doubleday had acted in good faith, and thus Curtis's counterclaim must be dismissed and Doubleday repaid its advance
The publisher acted in good faith when terminating Tony Curtis. Doubleday let Curtis know several times with enough time that the manuscript was not satisfactory. Because no action was taken after the warning that the manuscript was no good, Curtis breached the contract and was discarded lawfully.
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