WOOD V. LUCY, LADY DUFF-GORDON, Court of Appeals of NY, 1917 by JohnMValentine


									CONTRACTS WOOD V. LUCY, LADY DUFF-GORDON, Court of Appeals of NY, 1917 History: Defendant’s motion for judgment on pleading denied; Appellate Division reversed and dismissed the complaint; Plaintiff appeals Facts: Duff hired Wood to help turn her vogue not money; he was to have exclusive right to put her clothes designs on sale or to license others to market them; in return, she was to have ½ of all profits and revenues from any contracts he might make; exclusive right was for one year Wood said she breached by putting her indorsements on fabrics, dresses, and millinery w/out his knowledge and w/held profits Issue(s): Holding: Reversed Analysis: Court says promise to use reasonable efforts to put Duff’s indorsements and market her designs is to be implied; implication is that Wood’s organization will be used for the purpose for which it was adapted Implication of promise support  defendant gave an exclusive privilege; acceptance of exclusive agency was assumption of its duties Her sole compensation was from ½ of Wood’s profits from his efforts; unless he tried, she would get nothing Wood also promised to render accounts monthly

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