Cengage Advantage Books: Essentials of Business Law 5th Edition by Jeffrey Beatty,Susan Samuelson

Exercise 14

YOU BE THE JUDGE WRITING PROBLEM Academy Chicago Publishers (Academy) approached the widow of author John Cheever about printing some of his unpublished stories. She signed a contract, which stated:
The Author will deliver to the Publisher on a mutually agreeable date one copy of the manuscript of the Work as finally arranged by the editor and satisfactory to the Publisher in form and content…. Within a reasonable time and a mutually agreeable date after delivery of the final revised manuscript, the Publisher will publish the Work at its own expense, in such style and manner and at such price as it deems best, and will keep the Work in print as long as it deems it expedient.
Within a year, Academy had located and delivered to Mrs. Cheever more than 60 unpublished stories. But she refused to go ahead with the project. Academy sued for the right to publish the book. The trial court ruled that the agreement was valid; the appeals court affirmed; and the case went to the Illinois Supreme Court. Was Academy's offer valid, and was the contract enforceable Argument for Mrs. Cheever: The agreement is too vague to be enforceable. None of the essential terms are specified: the number of stories, their length, who selects them, the date of publication, the size or cost of the book, or anything else. There is no contract. Argument for Academy: Mrs. Cheever wanted to publish this book and agreed in writing to help Academy do so. Both parties understood the essential nature of the book and were willing to permit some flexibility, to ensure a good edition. She has no right to back out now.