Legal Opinion

Clemens v. Press Pub. Co.

Appellate Terms of the Supreme Court of New York

Decided April 8, 1910PublishedCited by 3 opinions

Appeal from Municipal Court1, Borough of Manhattan, First District. Action by William M. Clemens against the Press Publishing Company. From a judgment dismissing the complaint, plaintiff appeals.

1Opinion of the CourtGavegan, J.

The action was to recover $200 as the agreed price for a manuscript sold and delivered by the plaintiff, an author, to the defendant, a publisher. On August 3, 1909, the plaintiff called at the office of the defendant and offered for sale the manuscript of *207a story relating to a mysterious murder which had-occurred a short time before. After some parleying the defendant, through its acting managing editor, agreed to take the story, provided it were reduced in length, to pay therefor the sum of $200, and also to deliver to the plaintiff 25 galley proof copies for the use of the plaintiff in…

2Cases cited3 opinions

  1. Cobb v. . HatfieldNew York Court of Appeals · 1871
  2. Francis v. . N.Y. B. El. R.R. Co.New York Court of Appeals · 1888
  3. Cohen v. EllisNew York Supreme Court · 1889

3Cited by3 opinions

  1. Granz v. HarrisCourt of Appeals for the Second Circuit · 1952
  2. Harms, Inc. v. Tops Music Enterprises, Inc. of CaliforniaDistrict Court, S.D. California · 1958
  3. Granz v. HarrisCourt of Appeals for the Second Circuit · 1952

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