Mcconnell v. Commonwealth Pictures Corp.

199 N.Y.S.2d 482 (1960)

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Nature of the Case

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Facts

D had agreed in writing that, if P should succeed in negotiating a contract with a motion-picture producer whereby D would get the distribution rights for certain motion pictures, D would pay P $ 10,000 on the execution of the contract and a stated percentage of D's gross receipts from distribution of the pictures. P got the rights and D paid the $10,000 but refused to pay any more or to give P an accounting. P sued for an accounting. D made denials and counterclaims. D asserted that P, without the knowledge of D or of the producer, procured the distribution rights by bribing a representative of the producer and that P agreed to pay and did pay to that representative as a bribe the $10,000 which D had paid P. The court held that these defenses were insufficient to defeat P's suit. The court held that since the P-D agreement was not in itself illegal, P's right to be paid for performing it could not be defeated by a showing that he had misconducted himself in carrying it out. The Appellate Division affirmed. D appealed.