Morang & Co. v. LeSueur

Morang & Co. v. LeSueur

Majority held that, on the facts and correspondence and given the special character of literary property and the parties' prior dealings, the contract implied an obligation to publish such that when the publishers rejected the manuscript the author could rescind and recover his manuscript on repayment of amounts...

Source-derived case information.

Citation
(1911) 45 SCR 95
Parties
Defendant/appellant: Morang & Co.; Plaintiff/respondent: William Dawson LeSueur
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1911
Procedural Posture
Contract / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed
Legal Topics
Obligation to Publish, Rescission, Literary Property, Return of Manuscript, Resulting Trust, Specific Performance
Source Language
english
Contract Copyright Property Equity Publishing Obligation to Publish Rescission Literary Property +3 more

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Parties

Morang & Co.

Defendant/appellant

William Dawson LeSueur

Plaintiff/respondent

Procedural Posture

Contract / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether property in the manuscript passed to the publisher on payment
  2. 2 Whether the contract implied an obligation to publish the manuscript
  3. 3 Whether rejection by the publisher entitled the author to rescind and recover the manuscript on repayment

Ratio Decidendi

Majority held that, on the facts and correspondence and given the special character of literary property and the parties' prior dealings, the contract implied an obligation to publish such that when the publishers rejected the manuscript the author could rescind and recover his manuscript on repayment of amounts received; alternatively a resulting trust arose where the publication purpose failed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment affirmed that plaintiff is entitled to the return of the manuscript upon repayment of sums received (USD/CAD amount specified in judgment: $500 paid)