WATTS v. ENCORE MUSIC PUBL'N, INC.


286 A.D. 816 (1955)

Grady Watts et al., Appellants, v. Encore Music Publications, Inc., Respondent

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

June 21, 1955.


Order appealed from affirmed.

BREITEL, J. (dissenting in part).

Plaintiffs, composers of a musical composition, sued defendant, a music publisher, seeking, among other things, to recover for failure to account and make royalty payments as required under their written contract. Involved is the question whether acceptance by the composers of an amount equal to the principal due under the contract, during the pendency of their motion for partial...

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