Ericson v. Playgirl
Court of Appeals of California
140 Cal. Rptr. 921 (1977)
Relevant factsFree
John Ericson (plaintiff) agreed to let Playgirl (defendant) rerun his earlier centerfold photos in its Best of Playgirl publication, conditioned on his photo appearing on one-quarter of the cover, but an editorial mistake left his photo off the cover entirely; Ericson sued for lost publicity value, and an advertising expert testified full-cover exposure in a national magazine was worth roughly $50,000, making a quarter-cover placement worth about $12,500, which the trial court awarded as damages.
IssueFree
Whether contract damages may be awarded only if they are clearly ascertainable and reasonably certain.
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