C. F. Jewett Publishing Co. v. Butler
Massachusetts Supreme Judicial Court
Contract for the breach of an agreement in writing, executed by the defendant as the party of the first part, and by the plaintiff corporation by C. F. Jewett, President, as the party of the ‘second part, for the publication by the plaintiff of a work to be written by the defendant “in the nature of autobiography, or reminiscences of his life, and the acts and doings of other public men, so far as they may seem to him to elucidate the history of the country or public affairs…
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Contract for the breach of an agreement in writing, executed by the defendant as the party of the first part, and by the plaintiff corporation by C. F. Jewett, President, as the party of the ‘second part, for the publication by the plaintiff of a work to be written by the defendant “in the nature of autobiography, or reminiscences of his life, and the acts and doings of other public men, so far as they may seem to him to elucidate the history of the country or public affairs ”; and containing the following clause: “ The party of the first part agrees to accept full responsibility of all…
1ConcurrenceLathrop, J.
I am unable to concur in the opinion of the majority of the court that the contract sought to be enforced is a valid contract. The contract provides for the publication of a work to contain -the author’s autobiography, “ or reminiscences of his life, and the acts and doings of other public men, so far as they may seem to him to elucidate the history of the country or public affairs.” It is in reference to a work of this character that the defendant agrees to do three things: first, “ to accept full responsibility of all matters contained in said work”; secondly, .“ to defend at his own cost…
2Cases cited5 opinions
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Woodruff v. WentworthMassachusetts Supreme Judicial Court · 1882
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
- Arnold v. CliffordU.S. Circuit Court for the District of Rhode Island · 1835
- Babcock v. TerryMassachusetts Supreme Judicial Court · 1867