Legal Opinion
Third Story Music, Inc. v. Waits
California Court of Appeal
Decided December 28, 1995No. B084531PublishedCited by 61 opinions
1Opinion of the Court
Opinion
EPSTEIN, Acting P. J.
This case involves a dispute between a company which owned the rights to the musical output of singer/songwriter Tom Waits from 1972 to 1983 and the party which purchased those rights. The issue is whether a promise to market music, or to refrain from doing so, at the election of the promisor is subject to the implied covenant of good faith and fair dealing where substantial consideration has been paid by the promisor. We conclude that the implied convenant does not apply.
Factual and Procedural Summary
According to the complaint, Waits agreed to render his services…
2Cases cited16 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Carma Developers (California), Inc. v. Marathon Development California, Inc.California Supreme Court · 1992
- Perdue v. Crocker National BankCalifornia Supreme Court · 1985
- April Enterprises, Inc. v. KTTVCalifornia Court of Appeal · 1983
- California Lettuce Growers, Inc. v. Union Sugar Co.California Supreme Court · 1955
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3Cited by61 opinions
- Rafael Chodos, an Individual v. West Publishing Company, Inc., a Minnesota Corporation Doing Business in California Dba Bancroft-Whitney CompanyCourt of Appeals for the Ninth Circuit · 2002
- Aerojet-General Corp. v. Transport Indemnity Co.California Court of Appeal · 1997
- Wolf v. Walt Disney Pictures and TelevisionCalifornia Court of Appeal · 2008
- Bike Fashion Corp. v. KramerCourt of Appeals of Arizona · 2002
- Locke v. Warner Bros., Inc.California Court of Appeal · 1997
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