n2 Article 29 of the original contract specified that plaintiff
approved the director already chosen for "Bloomer Girl" and that in case he
failed to act as director plaintiff was to have approval rights of any substitute
director. Article 31 provided that plaintiff was to have the right of approval of the
"Bloomer Girl" dance director, and Article 32 gave her the right of approval of
the screenplay.
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:
"1. Article 31 of said Agreement will not be included in any
contract of employment regarding 'Big Country, Big Man' as it is not a musical and it thus
will not need a dance director.
"2. In the 'Bloomer Girl' agreement, in Articles 29 and 32, you
were given certain director and screenplay approvals and you had preapproved certain
matters. Since there simply is insufficient time to negotiate with you regarding your
choice of director and regarding the screenplay and since you already expressed an
interest in performing the role in 'Big Country, Big Man,' we must exclude from our offer
of employment in 'Big Country, Big Man' any approval rights as are contained in said
Articles 29 and 32; however, we shall consult with you respecting the director to be
selected to direct the photoplay and will further consult with you with respect to the
screenplay and any revisions or changes therein, provided, however, that if we fail to
agree . . . the decision of . . . [defendant] with respect to the selection of a director
and to revisions and changes in the said screenplay shall be binding upon the parties to
said agreement."