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MORRIS v. PUTNAM BERKLEY, INC.

259 A.D.2d 425 (1999)

687 N.Y.S.2d 139

GRAHAM MORRIS, Respondent-Appellant, v. PUTNAM BERKLEY, INC., Appellant-Respondent.

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

Decided March 25, 1999.

We agree with the IAS Court that factual issues remain as to whether defendant breached its contract with plaintiff by failing to market or distribute the CD-ROM it hired plaintiff to create. Since the contract called for plaintiff to be compensated, in large measure, by royalties from sales of the subject software, the court properly found an implied promise on defendant's part to use its best efforts to promote the software,...

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