Roddy-Eden v. Berle

Motion to dismiss complaint for legal insufficiency in failing to state facts sufficient to constitute a cause of action, and upon the further ground that the alleged agreement pleaded in the complaint is against public policy and hence unenforcible.

The action is to recover damages alleged to have been sustained by reason of breach of a contract entered into between the parties, dated October 31, 1950.

The complaint alleges plaintiff is the authoress of a certain novel originally entitled “ Sit Still My Soul”, and presently entitled, “ The Kneeling God ”.

Defendant, it is averred, at all times…