Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

تمرين 9

Biggle and Knight, well-known science fiction writers, wanted to write an eightvolume science fiction anthology for Harper Row. On May 16, 1975, a senior editor sent a typed, unsigned interoffice memo to another editor, Jakab, stating, in part, "I talked to Biggle and agreed to do the books. We need to do a separate contract for each book." On July 28, 1975, Jakab wrote to Biggle acknowledging receipt of contracts for three books, forwarding three additional contracts for different volumes, and noting that there were two more contracts to come. Contracts for the first four volumes were signed by both parties; contracts for three other volumes were signed by Biggle and Knight, but not by Harper Row. Harper Row issued an announcement of the series, identifying Biggle and Knight as the editors, describing it as "a complete science fiction textbook in eight topically oriented paperback volumes," and described the contents. In November, Jakab wrote to Biggle suggesting that the series be done in four volumes. When he refused, the senior editor wrote saying they should get another publisher if they were going to insist on eight volumes, and Biggle sued. Both parties agreed the statute of frauds applied to the contract because it could not be performed within a year. Harper Row argued there was no writing signed by it that committed it to eight volumes, that the four signed contracts related only to individual volumes, not to an entire anthology. Are the writings, taken together, sufficient under the statute of frauds to enforce an eight-volume contract?