Middleton v. Evans

WADE, District Judge.

In this action, on September 1,1928, the plaintiff Middleton obtained a judgment against the defendant Evans for $918.59.

Evans is the author of a book entitled “Joseph Smith, An American Prophet,” which was published by the inter-pleaded defendant, MacMillan Company, pursuant to a written agreement dated November 25,1932, between the author and publisher, which provided as follows:

“The author agrees to purchase from the company, on publication, 1,000 copies of said work, at the retail price, which retail price is estimated at $4.00, less a discount of 40%, and to pay for…