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ERICSON v. PLAYGIRL, INC.

Docket No. 50636.

73 Cal.App.3d 850 (1977)

140 Cal. Rptr. 921

JOHN ERICSON, Plaintiff and Respondent, v. PLAYGIRL, INC., Defendant and Appellant.

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

October 3, 1977.

Attorney(s) appearing for the Case

COUNSEL

Harold P. Margulies, Eric T.S. Chung and Sidney Tinberg for Defendant and Appellant.

Simon Taub, Daniel R. Barbakow and Charles Murstein for Plaintiff and Respondent.

OPINION

FLEMING, Acting P.J.

Were damages awarded here for breach of contract speculative and conjectural, or were they clearly ascertainable and reasonably certain, both in nature and in origin?

The breach of contract arose from the following circumstances: plaintiff John Ericson, in order to boost his career as an actor, agreed that defendant Playgirl, Inc. could publish without compensation as the centerfold of its January...

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