Summary of Wood v. Lucy, Lady Duff-Gordon
Court of Appeals of New York, 1917
Facts: The defendant was a fashion guru and she hired the plaintiff agency to have the exclusive right to her endorsements and fashion designs. The plaintiff was to find business for the defendant and in return, the plaintiff was to receive ½ of all the income. The defendant placed her endorsements on fabrics without the knowledge of the plaintiff and thereby withheld profits from the plaintiff.
Defendant’s Argument: The contract is not enforceable because it does not require the plaintiff to do anything at all.
Procedure: In the lower court, defendant’s motion for judgment was dismissed. The Appellate Division reversed this ruling. Now the plaintiff appeals.
Issue: Was the contract between the plaintiff and defendant enforceable?