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.
1Opinion of the CourtSeabuby, J.
Even the matter-of-fact attitude of the law does not require us to consider the sale of the rights to a literary production in the same way that we would consider the sale of a barrel of pork. Contracts are to be so construed as to give effect to the intention of the parties. The man who sells a barrel of pork to another may pocket the purchase price and retain no further interest in what becomes of the pork. While an author may write to earn his living and may sell his literary productions, yet the purchaser, in the absence of a contract which permits him so to do, cannot make as free a use…
2Cited by6 opinions
- Edison v. Viva International, Ltd.Appellate Division of the Supreme Court of the State of New York · 1979
- Granz v. HarrisCourt of Appeals for the Second Circuit · 1952
- Harms, Inc. v. Tops Music Enterprises, Inc. of CaliforniaDistrict Court, S.D. California · 1958
- Seroff v. Simon & Schuster, Inc.New York Supreme Court · 1957
- Chesler v. Avon Book DivisionNew York Supreme Court · 1973
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