222 N.Y. 88 (1917)

Defendant (Lucy), an influential fashion guru, employed Plaintiff (Wood) to help her market her appeal. Plaintiff was to have exclusive rights to market Defendant’s designs and, with her approval, place her endorsements on the designs of others. In return, Defendnat would receive half of the profits from the contracts Plaintiff made and reported to her on a monthly basis.

Plaintiff alleged that Defendant broke the contract by placing her endorsement on designs without his knowledge and withholding the profits from those endorsements. He sued for damages.  Defendant argued that Plaintiff did not promise anything because the contract does not specifically say that he had to endorse/sell.

The court rejected Defendant’s argument and found consideration because “best efforts” by Plaintiff were implied in the contract.

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