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Freund v. Washington Square Press

Court of Appeals of New York
314 N.E.2d 419 (1974)


Facts

Freund (plaintiff) entered into a contract with Washington Square Press (Washington) (defendant) to publish Freund’s manuscript. The contract stipulated that Washington agreed to publish the manuscript in a hardbound edition within 18 months of its receipt and pay royalties to Freund based upon the percentage of sales. Freund delivered the manuscript and Washington refused to publish it. Freund sued seeking damages for delay of his academic promotion, lost royalties, and the cost of publication if Freund had to publish the manuscript himself. The trial court found that the cost of hardcover publication was the appropriate measure of damages and the court of appeals affirmed. Washington appealed.

Rule of Law

Issue

Holding and Reasoning (Rabin, J.)

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