THIRD STORY MUSIC, INC. v. WAITS

Docket No. B084531.

41 Cal.App.4th 798 (1995)

48 Cal. Rptr.2d 747

THIRD STORY MUSIC, INC., Plaintiff and Appellant, v. TOM WAITS et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

December 28, 1995.


Attorney(s) appearing for the Case

COUNSEL

Cohen & Luckenbacher, Evan S. Cohen and S. Martin Keleti for Plaintiff and Appellant.

McCambridge, Deixler, Marmaro & Goldberg, Bert H. Deixler and Daniel L. Germain for Defendants and Respondents.


OPINION

EPSTEIN, Acting P.J.

This case involves a dispute between a company which owned the rights to the musical output of singer/songwriter Tom Waits from 1972 to 1983 and the party which purchased those rights. The issue is whether a promise to market music, or to refrain from doing so, at the election of the promisor is subject to the implied covenant of good faith and fair dealing...

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