Case on Appeal and Exceptions

Case on Appeal and Exceptions

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. Excerpt: ...a balance due. If there is a balance due, I get it. I assume that this balance paid me will not have to be deducted from the one-sixth of the net receipts at the next six month period. "In other words, I get no royalties until the one-sixth of the net receipts from the combined sales of all books published are sufficient to pay back to you everything paid me by way of advances at $2 a page, and remaining unpaid--back, but whenever such net receipts from combined sales exceed the total advances not already paid back, I get the difference. Is this the right construction?" (Fols. 913-915.) This letter, written as it was only five months before the final severance of the plaintiff's relations with the defendant under this contract (fol. 400), shows clearly that at that time there was no other construction placed on this contract, and that plaintiff regarded nothing as being due him (See also Plaintiff's Exhibit 60, fols. 883-885). Plaintiff admits that be has been paid on this book already $6,938.00 (fol. 13). Leaving out of consideration the book on Torts, we find that in order to have anything due under the terms of this contract, in addition to the $2 per page admitted to have been paid, plaintiff must show that the royalties which he was entitled to, namely: one-sixth of the net receipts from the sale of this book, were sufficient to have repaid the defendant the $2 per page already paid the plaintiff, and to have exceeded that sum, in no case, however, to exceed $6 par page for this book. Plaintiff, in his brief in the Appellate Division, sought to justify the recovery upon the theory that the contract, in substance, provided for the payment of $2 cash on delivery of the manuscript, and that credit was extended to the defendant for the...show more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236909674
  • 9781236909671