Mrs. Cheever (D) was the widow of John Cheever and was contacted by Academy (P) to see if she was willing to publish an anthology of her late husband’s work. D agreed, and P began the work, and it progressed quite well until D informed P that she no longer wanted to honor the contract. D had received partial advances, and P had located and delivered more than 60 uncollected stories. D did attempt to return the advance. P sued D for a declaratory judgment. The trial court entered a declaratory order. P had the exclusive right to publish, and it ordered D to deliver the manuscript from which the work was to be published and that D was entitled to select the short stories to be included in the manuscript and that D would comply with her obligation in good faith if she delivered a manuscript including at least 10-15 stories totaling at least 140 pages. P was to control the design and format of the work published in cooperation with D. P appealed contesting the declaration that the contractual obligations would be satisfied by delivering a manuscript of at least 10-15 stories totaling at least 140 pages and matters concerning communication with D regarding the publication of the work. The Appellate court reversed the part regarding the control of the publication of the work; the trial court erred in considering extrinsic evidence to interpret the agreement regarding control of the publication given the explicit language that granted P exclusive control. Both parties appealed.

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