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Under a written contract, plaintiff Shirley MacLaine Parker agreed to play the female singing-dancing lead in

defendant 20th century fox film corporations planned production of musical entitled "Bloomer Girl," to be filmed in Los Angeles. Fox Films was to pay Shirley a minimum of $53,571.42 a week for 14 weeks, starting May, 23. Before then, Fox decided not to produce the film. In a letter dated April 4, Fox offered to employ Shirley in a dramatic, western-type movie to be produced in Australia instead. She was given one week to accept. She did not respond and the offer lapsed. She then sued for the agreed upon $750,000 guaranteed compensation. Fox defended saying Shirley had unreasonably refused to mitigate damages by rejecting the substitute role. Is Shirley entitled to receive the damages?

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Parker v. 20th Century-Fox Film Corporation, 474 P.2d 689, Cal.

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