Wood v. Lucy, Lady
Duff-Gordon
Court of Appeals of
222 N.Y. 88, 118 N.E. 214.
Facts: Lucy made an exclusive endorsement deal with
Wood. Lucy would get half the profits on
anything Wood put her endorsement on. Lucy
subsequently gave her endorsement to other products without Wood’s knowledge and
without sharing the profits. Wood sued,
but Lucy claimed the endorsement deal wasn’t an enforceable contract because
Wood didn’t actually promise to do anything.
Issue: Was there an enforceable contract?
Rule: An enforceable contract may be construed through an
implied promise of one of the parties.
Analysis: Cardozo finds that there is an implicit promise on
the part of Wood to try to put Lucy’s endorsements on stuff and sell it.
Conclusion: The court finds Lucy liable for breach of contract.