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Desny v. Wilder

Supreme Court of California

299 P.2d 257 (Cal. 1956)

Relevant factsFree

Desny (plaintiff) called Paramount and, when Wilder's secretary insisted on knowing why he was calling, read her a synopsis of his idea for a story about Floyd Collins, telling her Wilder and Paramount could use it only if they paid reasonable value, to which the secretary replied that "naturally we will pay you for it" if Wilder used the story; Paramount's later film closely paralleled Desny's synopsis, and the trial court granted Wilder summary judgment against Desny's suit for compensation.

IssueFree

Whether a party conveying an abstract idea can prevail in an action to recover compensation for the idea if, based on the circumstances preceding and attending disclosure, together with the conduct of the offeree acting with knowledge of the circumstances, the party obtained an implied promise to pay.

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