Freund v. Washington Square Press
Court of Appeals of New York
314 N.E.2d 419 (1974)
Relevant factsFree
Freund (plaintiff) contracted with Washington Square Press (defendant) to publish his manuscript in hardbound form within 18 months, with Freund to be paid royalties as a percentage of sales. Washington refused to publish the manuscript after Freund delivered it, and Freund sued seeking damages for delayed academic promotion, lost royalties, and the cost of publishing the book himself; the trial court awarded damages based on the cost of hardcover publication, and the appellate division affirmed before Washington appealed further.
IssueFree
Whether an injured party may recover more in contract damages than he would have gained had the contract actually been performed.