Quimbee logo
DMCA.com Protection Status
From our private database of 15,400+ case briefs...

Clark v. West

Court of Appeals of New York
86 N.E. 1 (1908)


Clark v. West

Facts

West (defendant) entered into a contract with Clark (plaintiff) which provided that Clark was to write law books for publication by West. West was to pay Clark $2 per page for each book written. However, the contract contained a condition which provided that if Clark abstained completely from intoxicating liquor during the writing period, he would receive $6 per page. Clark failed to completely abstain from intoxicating alcohol while writing the books, but argued that at no time did his drinking alcohol interfere with his work. Additionally, Clark believed West waived this provision by continuing to accept work from Clark despite knowing Clark was not adhering to the condition. The parties suffered a disagreement after Clark completed a three-volume set of books on corporations. Clark claimed that West breached the contract by copyrighting the book in the name of a third party and brought an action to recover amounts due to him under the contract. West demurred to the complaint on the ground that Clark failed to state sufficient facts to support a cause of action. The special term overruled the demurrer, but the appellate division reversed and sustained the demurrer.

Rule of Law

Issue

Holding and Reasoning (Werner, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 321,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,400 briefs, keyed to 210 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.