Freund v. Washington Square Press, Inc.

The plaintiff in this action had entered into a contract with the defendant publishing firm in 1965. The defendant was to publish a manuscript submitted by the plaintiff and plaintiff received a $2,000 cash advance. This advance was .nonrefundable. The defendant failed to publish.

Plaintiff, who teaches at the college level, testified that he had written the book allegedly with the hope of obtaining a promotion to the position of associate professor. He had published numerous books in the past. However, according to testimony adduced at the trial, promotion was not by any means a certainty,…