Legal Opinion
DELL PUB. CO., INC. v. Whedon
District Court, S.D. New York
Decided January 11, 1984No. 81 Civ. 2884 (JEL)PublishedCited by 23 opinions
1Opinion of the Court
OPINION
LUMBARD, Circuit Judge: *
Dell Publishing Co. sues Julia Whedon to recover advances totalling $14,000 paid to Whedon for a manuscript it eventually rejected for publication as unsatisfactory in style, form and content. Plaintiff is a resident of New York and defendant of Massachusetts. Jurisdiction is therefore conferred by 28 U.S.C. § 1332.
The court finds that Dell was under a good faith obligation to give Whedon an opportunity to revise the manuscript to Dell’s satisfaction, with Dell’s editorial assistance. Having failed to do so, Dell itself was in breach of contract, and Whedon was…
2Cases cited9 opinions
- United States v. Cecil Dwayne Evans, Arnold Gene Tate, and Charles Edward Gent, Jr.Court of Appeals for the Fifth Circuit · 1978
- United States v. Ronald Thomas BohleCourt of Appeals for the Seventh Circuit · 1971
- Joseph E. Thomas v. Ruth A. Martin HoganCourt of Appeals for the Fourth Circuit · 1962
- Skogen v. Dow Chemical Co.Court of Appeals for the Eighth Circuit · 1967
- Medina v. EricksonCourt of Appeals for the Ninth Circuit · 1955
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. DavisOhio Supreme Court · 1991
- Helprin v. Harcourt, Inc.District Court, S.D. New York · 2003
- Doubleday & Company, Inc., Plaintiff-Appellant-Cross-Appellee v. Tony Curtis, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1985
- State v. HirschOhio Court of Appeals · 1998
- Meaders v. United StatesDistrict of Columbia Court of Appeals · 1986
18 more not listed; retrieve them via the Exa API.