Carmen v. Fox Film Corp.

269 F. 928, cert.denied, 255 U.S. 569 (1920)

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Nature of the Case

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Facts

Carmen (P) was 20 years old and made an acting contract with Fox (D). P, in her complaint, alleged that the contracts with Ds were signed, executed, and delivered to P by the Ds in the city and state of New York. The answer does not deny this allegation. Ds claim that the contracts were executed in California and that under the law of that state they were binding upon her, as in California a young woman becomes of age at 18. Under the New York law, a young woman does not become of age until she reaches 21. Her salary started at $125 per week and gradually increased to $250 per week and would last for several years if Fox chose to exercise its options for renewal. A few weeks later, while still, a minor, P made a contract with Keeney Corporation at a starting salary of $400 per week and increases that brought pay up to $1,000 per week. Keeney was ignorant of the contract with D. When she became of age P repudiated the D contract and D threatened suit against Keeney if Keeney employed her. P sued for an injunction. The decree was issued, and D appealed. The court below held that the contracts between P and Ds were New York contracts and governed by the New York law, and therefore voidable, as under New York law the plaintiff was not of age when she signed them.