Chapter 5: Six pennies for your thoughts: Freund v. Washington Square Press
AbstractAfter the publisher reneged on a promise to publish, the author sued and won. However, he was only awarded nominal damages, six cents. The case stands for the proposition that speculative damages would not be awarded. This chapter examines the author’s damage theories. Analysis of the record reveals that his most plausible claim, for lost royalties, was never submitted to any court. The contract should have been interpreted as giving the publisher an option to publish with the price being the author’s advance. The breach would have been the publisher’s refusal to return the manuscript to the author.
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