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APRIL PRODS. v. G. SCHIRMER, INC.

284 A.D. 639 (1954)

April Productions, Inc., Respondent, v. G. Schirmer, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 8, 1954.

Attorney(s) appearing for the Case

Arthur F. Driscoll of counsel (Edward C. Raftery, Paul D. O'Brien and Milton M. Rosenblum with him on the brief; O'Brien, Driscoll & Raftery, attorneys), for appellant.

Lionel S. Popkin of counsel (William Klein with him on the brief; Klein & Lund, attorneys), for respondent.

Present — DORE, J. P., CALLAHAN, BREITEL, BASTOW and BOTEIN, JJ.

BREITEL, J.

Plaintiff recovered judgment for accumulated royalties under a letter agreement, dated September 14, 1917. Defendant appeals.

The nub of the case turns on the duration of the 1917 agreement. It contained no expressed term, but provided that defendant was entitled to publish an English adaptation of a German musical play, "Maytime", and for this right defendant was to pay a royalty on each published...

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