Under a written contract, plaintiff Shirley MacLaine Parker agreed to play the female singing-dancing lead in defendant
Question:
Under a written contract, plaintiff Shirley MacLaine Parker agreed to play the female singing-dancing lead in defendant 20th Century- Fox Film Corporation’s planned production of a musical entitled “Bloomer Girl,” to be filmed in Los Angeles. Fox Films was to pay MacLaine a minimum of $53,571.42 a week for 14 weeks, starting May 23. Before then, Fox decided not to produce the picture. In a letter dated April 4, Fox offered to employ MacLaine in a dramatic, western-type movie to be produced in Australia instead. She was given one week in which to accept. She did not, and the offer lapsed. She then sued for the agreed-upon $750,000 guaranteed compensation. Fox defended by saying MacLaine had unreasonably refused to mitigate damages by rejecting the substitute role. Is MacLaine entitled to receive the damages? (Parker v. 20th Century- Fox Film Corporation, 474 P.2d 689, Cal.)
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