Kidd v. Thomas A. Edison, Inc.

239 Fed. 405 (S.D.N.Y. 1917)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

The action was in contract and turned on the authority of one named Fuller to make a contact with Kidd (P). P was to be hired to sing for D in a series of tone test recitals designed to show the accuracy with which her voice was reproduced by D's records. D contends that Fuller's only authority was to engage P for such recitals as he could later persuade dealers to book her for across the U.S. D contends the dealers were to pay her for her recitals and D would then guarantee the dealers' performance. P said the contract was an unconditional engagement for a singing tour. The jury found for P. The entire case turned on the authority of Fuller. Fuller was given detailed and limited power to book the singers.

Issues

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Holding & Decision

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Legal Analysis

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