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?
This is not submitting tutors work, this is out of a textbook.
Parker v. 20th Century-Fox Film Corporation, 474 P.2d 689, Cal.