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Kidd v. Thomas A. Edison, Inc.

239 Fed. 405 (S.D.N.Y. 1917)

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Kidd v. Thomas A. Edison, Inc.

United States District Court for the Southern District of New York

239 Fed. 405 (S.D.N.Y. 1917)

Facts

Maxwell (defendant), a record producer, enlisted Fuller to engage Kidd (plaintiff), a singer, in a contract for a series of tone test recitals. The purpose of the recitals was to show record dealers that Maxwell’s records accurately represented Kidd’s voice. After hearing the accuracy of the record, the record dealers were to be persuaded to book Kidd to perform across the country. Maxwell intended to grant Fuller authority to contract with Kidd on the condition that only recitals later agreed to by record dealers would be included in the contract. Kidd understood the contract to be an unconditional agreement for a nationwide singing tour rather than mere advertisements for booking. The jury found in favor of Kidd. Maxwell moved to set aside the verdict before the United States District Court for the Southern District of New York.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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