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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9368
Experience:  Since 1983
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I am an aspiring writer. Years ago, I signed a ...

Customer Question

I am an aspiring writer. Years ago, I signed a contract with a gentleman who wanted to publish my works. However, things did not work out. I have only heard from him a handful of times in what, almost eight years now? I can''t find his address or one number any longer. I actually don''t WANT to get the law involved, I''d just like out of the contract. What can I do? I''ve been thinking of simply sending a letter to the last address I ave available, willing to discuss the dissolution. Any ideas?
Submitted: 9 years ago.
Category: Business Law
Expert:  JD replied 9 years ago.
Did the contract have a defined term? Did you receive anything from the contract?
Customer: replied 9 years ago.
Reply to JD's Post: If I remember correctly, I needed to come up with four texts for publication (which I am nearly done with). I was supposed to receive a percentage of the sales, but never got anything.
Expert:  JD replied 9 years ago.
I am sending you to the business law category. If the contract didn't specific define a term period then you need someone to give you an idea of where to go with this...
Customer: replied 9 years ago.
Reply to criminallaw's Post: I dug out the actual contract. IT says there's an eight year term, four books, etc...

But there's no date. If I remember, we signed this sometime in 2000-2001...
Expert:  N Cal Attorney replied 9 years ago.
Was the contract made in Missouri under Missouri law?
Customer: replied 9 years ago.
Reply to N Cal Attorney's Post: I'm not entirely sure what that means...

Clarify? I don't see any terms in it referring to Missouri or anything...
Expert:  N Cal Attorney replied 9 years ago.
Where was the contract signed?
Customer: replied 9 years ago.
Signed in Missouri.
Expert:  N Cal Attorney replied 9 years ago.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mo&vol=/appeals/082006/&invol=8908106 is a MO court of appeals opinion that indicates the MO courts will not order specific performance of a contract for personal services. You could send a letter stating you believe the contract is not enforceable and for that reason you wish to terminate the agreement.
It sounds like the contract was made in MO and is controlled by the law of that State, but you should contact a local attorney to be sure.

I hope this information was helpful.
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9368
Experience: Since 1983
N Cal Attorney and 2 other Business Law Specialists are ready to help you
Customer: replied 9 years ago.
Thanks!