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Snuff Sells Songbook
Highest Court S.D. New York
Year Ended 2010
Plaintiffs Business Entity of Artist(s)
Garrett, "Snuff"
Defendants Music Publisher(s)
Other No Other parties on file
Short Description Thomas "Snuff" Garrett is successful record producer whose client list includes Gary Lewis and the Playboys, Sonny & Cher, and many others, and who is well-known for having hired Phil Spector as a producer at Liberty Records, where Snuff was on staff. In this case, Snuff and Defendant reached an agreement wherein Defendant would purchase Snuff's music publishing back catalog. The agreement had two parts: first, Defendant would purchase the bulk of his catalog for over $500,000, and, second, if Snuff was able to obtain all the appropriate rights from the songwriters for the song "Half Breed," which was a big hit in 1973 for Cher, Defendant would buy that song alone for over $300,000. However, Defendant only guaranteed it would purchase the latter song if Snuff could clear the rights within 30 days of the first transaction. After the first transaction took place, as the 30 day window was narrowing, communications between the parties led Snuff to believe the 30-day restriction had been waived, or at least momentarily extended. When Snuff tendered the cleared rights, Defendants refused to purchase. On Snuff's breach of contract claim, the court was unsympathetic. The contract clearly required him to tender "Half Breed" within 30 days. However, because Defendants' lawyers' conduct could be interpreted as waiving the requirement, the court denied Defendants' motion for summary judgment, saying a jury could find Defendant was equitably estopped from enforcing the provision. Snuff's fraud claim was disposed of, however. - LSW

Legal Issues
Contracts Breach Good Faith & Fair Dealing
    Payment & Performance
General Equitable Defenses Waiver, Estoppel & Acquiescence
Torts Economic Torts Fraud, Misrepresentation & Inducement


Opinions Garrett v. Music Pub. Co. of America, LLC
740 F.Supp.2d 457
S.D. New York , August 17, 2010 ( No. 09 Civ. 5627(VM) )


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Related Searches Parties
Business Entity of Artist(s) ( Plaintiff )
Garrett, "Snuff" ( Plaintiff )
Music Publisher(s) ( Defendant )

Legal Issues
Contracts / Breach / Good Faith & Fair Dealing
Contracts / Breach / Payment & Performance
General / Equitable Defenses / Waiver, Estoppel & Acquiescence
Torts / Economic Torts / Fraud, Misrepresentation & Inducement

Courts
S.D. New York (highest court)


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