Harms v. Stern
District Court, S.D. New York
Suit by T. B. Harms & Francis, Day & Hunter against Joseph W. Stern and Edward B. Marks, copartners doing business under the firm name and style of Joseph W. Stern & Co. This is an ordinary action for infringement of copyright, brought by plaintiff, a New York corporation, against defendants, music publishers in New York City, because of publication by defendants of the mu.sic of a musical composition composed by one Sigmund Romberg, entitled “Oh, Those Days.”
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Suit by T. B. Harms & Francis, Day & Hunter against Joseph W. Stern and Edward B. Marks, copartners doing business under the firm name and style of Joseph W. Stern & Co. This is an ordinary action for infringement of copyright, brought by plaintiff, a New York corporation, against defendants, music publishers in New York City, because of publication by defendants of the mu.sic of a musical composition composed by one Sigmund Romberg, entitled “Oh, Those Days.” Defendants had entered into an agreement with Mr. Romberg in August, 1913, by which he vested in defendants the exclusive publishing…
1Opinion
On Rehearing.
This cause now comes on for reargument upon a point not originally raised; that is, whether the contract is too indefinite for recognition in a court. The plaintiff’s theory is that, although, regarded formally, die contract may appear to hind the defendants to something which they need not have done, substantially it is quite impossible to say what that vas, and a court must disregard it.
[3, 4] A contract may be valid, and yet the promisee not able to recover any damages, just as it may be valid, and yet not enforceable in equity. Worthington v. Becman, 91 Ted. 232, 33 C. C. A.…
2Cases cited9 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Worthington v. BeemanCourt of Appeals for the Seventh Circuit · 1899
- Smith v. . RobsonNew York Court of Appeals · 1896
- Commercial Wood & Cement Co. v. Northampton Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1906
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