Clemens v. Press Publishing Co.
New York Supreme Court
Appeal by plaintiff from a judgment of the Municipal Court of the city of Mew York, borough of Manhattan, first district, dismissing the complaint on the merits at the end of the trial.
1Concurrence
Gavegan, J. (concurring).
The action was to recover $200 as the agreed price for a manuscript sold and delivered *185by 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 a 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 twenty-five galley-proof copies…
2Cases cited2 opinions
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Cohen v. EllisNew York Supreme Court · 1889