Complex divorce proceedings

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1. Tony Curtis, a respected actor, entered into a contract to write a novel for Doubleday & Company, publishers. Because of complex divorce proceedings and other per- sonal factors, Mr. Curtis was unable to submit a satis- factory manuscript. Doubleday demanded a return of the $50,000 advance Mr. Curtis had received. Is Doubleday entitled to it? [Doubleday & Co. v. Curtis, 763 F.2d 495 (2d Cir. 1985)]

2. Bernina Sewing Machines imports sewing machines and parts for U.S. distribution. Its contract prices are in francs. Because of the devaluation of the U.S. dollar, Bernina wants to be excused from its contracts. Can it be excused under any contract doctrine? [Bernina Distributors, Inc. v. Bernina Sewing Machines, 646 F.2d 434 (10th Cir. 1981)]

Reference no: EM131015001

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