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

Parker (Shirley MacLaine)(P), contracted with Twentieth Century-Fox (D) to play the female lead in 'Bloomer Girl,' a musical production to be filmed in California. The contract provided that D would pay P a minimum guaranteed compensation each week for 14 weeks for a total sum of $750,000. D decided not to produce the picture and notified P that it would not pay her. In the same letter, D offered P the lead in a western, 'Big Country,' that would be filmed in Australia. The compensation offered, as well as 31 of the 34 provisions of the contract, was identical to the former contract. P was given one week within which to accept. P declined to accept the new offer and sought recovery under the Bloomer Girl contract. P Claimed that one picture was a musical and the other was a dramatic western type movie. P also claimed that one was to be filmed in California and the other in Australia. P commenced this action seeking recovery of the agreed guaranteed compensation. D admitted the validity of the contract, and that P complied with all the conditions, covenants and promises and stood ready to complete the performance, and that D breached and 'anticipatorily repudiated' the contract. D plead an affirmative defense in that P deliberately failed to mitigate damages, asserting that P unreasonably refused to accept its offer of the leading role in 'Big Country.' P moved for summary judgment. A summary judgment was given to P on the contract and D appealed.

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