[2] Plaintiff [Shirley MacLaine] is well known as an actress, and in the contract between plaintiff and defendant is sometimes referred to as the Under the contract, “Artist.” dated August 6, 1965, plaintiff was to play the female lead in defendant's contemplated production of a motion picture entitled Girl.” The contract provided that “Bloomer defendant would pay plaintiff a minimum “guaranteed compensation” of $53,571.42 per week for 14 weeks commencing May 23, 1966, for a total of $750,000. Prior to May 1966 defendant decided not to produce the picture and by a letter dated April 4, 1966, it notified plaintiff of that decision and that it would not with our obligations “comply to you under” the written contract. [3] By the same letter and with the professed purpose “to any damage to you,” defendant instead offered to employ plaintiff as the leading actress in another film tentatively entitled Country, Big Man” (hereinafter, Country”). “Big “Big The compensation offered was identical, as were 31 of the 34 numbered provisions or articles of the original contract. Unlike Girl,” however, which was to have been a “Bloomer musical production, Country” was a dramatic “Big “western type” movie. Girl” was to have been filmed in “Bloomer California; Country” was to be produced in Australia. “Big Also, certain terms in the proffered contract varied from those of the original. Plaintiff was given one week within which to accept; she did not and the offer lapsed. Plaintiff then commenced this action seeking recovery of the agreed guaranteed compensation. [4] Defendant's letter of April 4 to plaintiff, which contained both defendant's notice of breach of the Girl” “Bloomer contract and offer of the lead in Country,” eliminated or “Big impaired each of those rights. It read in part as follows: “The terms and conditions of our offer of employment are identical to those set forth in the 'BLOOMER GIRL' Agreement, Articles 1 through 34 and Exhibit A to the Agreement, except as follows:
[2] Plaintiff [Shirley MacLaine] is well known as an actress, and in the contract between plaintiff and defendant is sometimes referred to as the “Artist.” Under the contract, dated August 6, 1965, plaintiff was to play the female lead in defendant's contemplated production of a motion picture entitled “Bloomer Girl.” The contract provided that defendant would pay plaintiff a minimum “guaranteed compensation” of $53,571.42 per week for 14 weeks commencing May 23, 1966, for a total of $750,000. Prior to May 1966 defendant decided not to produce the picture and by a letter dated April 4, 1966, it notified plaintiff of that decision and that it would not “comply with our obligations to you under” the written contract. [3] By the same letter and with the professed purpose “to any damage to you,” defendant instead offered to employ plaintiff as the leading actress in another film tentatively entitled “Big Country, Big Man” (hereinafter, “Big Country”). The compensation offered was identical, as were 31 of the 34 numbered provisions or articles of the original contract. Unlike “Bloomer Girl,” however, which was to have been a musical production, “Big Country” was a dramatic “western type” movie. “Bloomer Girl” was to have been filmed in California; “Big Country” was to be produced in Australia. Also, certain terms in the proffered contract varied from those of the original. Plaintiff was given one week within which to accept; she did not and the offer lapsed. Plaintiff then commenced this action seeking recovery of the agreed guaranteed compensation. [4] Defendant's letter of April 4 to plaintiff, which contained both defendant's notice of breach of the “Bloomer Girl” contract and offer of the lead in “Big Country,” eliminated or impaired each of those rights. It read in part as follows: “The terms and conditions of our offer of employment are identical to those set forth in the 'BLOOMER GIRL' Agreement, Articles 1 through 34 and Exhibit A to the Agreement, except as follows: