Submitted by scott on

May 20 Sunday – The New York Times, p.10, “Held to Contract,” announced a judgment of $2,382.10 against Charles L. Webster & Co in favor of the Joseph J. Little & Co., printers at 10 Astor-place.

The suit grew out of a contract which the defendants made with the plaintiffs to print the memoirs [Grant] for them. They afterward took away a portion of the printing from them and claimed that they had a right to do it, under the peculiar wording of the contract, which was drawn by the lawyers…. In their opinion the Justices of the General Term say, in substance, that Webster & Co. tried to be too cute and sharp and, as is often the case, cut themselves; that they had a contract drawn which they thought they could interpret according to the exigencies of the case, but that the court does not countenance things of that kind.

The Brooklyn Eagle, p.4 also reported on the case, and named Mark Twain:

WEBSTER & CO. MUST PAY.

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The Printers of Grant’s Memoirs Awarded Damages

Webster & Co. of which Mark Twain is a member, publishers of Grant’s Memoirs, awarded the printing contract to Little & Co., who were to print 50,000 copies and repeat the order as often as required. They struck off the first 50,000 copies, and Webster & Co. then took the matter out of their hands. Little & Co. protested, but the publishers contended that the contract permitted them to do as they had done. The printers then began suit for the reformation of the contract and $2,000 damages for breach of contract. They were awarded judgment.

The judgment was for $1,950 plus interest from April 1, 1886 and costs. Webster & Co.’s appeal was denied [MTNJ 3: 587n51]. Note: The reason Webster gave subsequent print orders to other firms was to expedite production. Evidently, Joseph J. Little & Co. was too little, and too slow. The initial contract was made in April, 1885.

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Mark Twain Day By Day was originally a print reference, meticulously created by David Fears, who has generously made this work available, via the Center for Mark Twain Studies, as a digital edition.   

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