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Helprin v. Harcourt, Inc.

United States District Court for the Southern District of New York

277 F. Supp. 2d 327 (2003)

Facts

Author Mark Helprin (plaintiff) and publisher Harcourt, Inc. (defendant) entered an agreement that called for Helprin to create five written works in exchange for an advance and future royalties. Harcourt reserved the right to reject a submitted work if Harcourt deemed the work to be below the literary standards of Helprin’s other works. However, the contract also called for Harcourt to provide editorial assistance if necessary to make a work acceptable prior to rejecting it. Both acceptance and rejection entailed formal notice to Helprin. Harcourt published the first work that Helprin submitted, but Helprin’s second manuscript was rejected, with a letter from Harcourt’s president stating that the work was unacceptable. No apparent editorial input was provided. Helprin filed a breach-of-contract complaint against Harcourt and Harcourt Brace Jovanovich, Inc. (HBJ) (defendant) in the United States District Court for the Southern District of New York. Helprin sought recission of the contract. Harcourt and HBJ moved for dismissal of the complaint.

Rule of Law

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Issue

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Holding and Reasoning (Marrero, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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