Can a promise of future work become a contract? A lawsuit over Wanted, a new musical headed to Broadway this fall, raises that question.
Originally titled Gun & Powder, the show follows Mary and Martha Clarke, twin sisters who became outlaws in 1893 Texas. Ciara Renée played Mary in a 2024 production at New Jersey’s Paper Mill Playhouse. She says a letter agreement gave her the right to continue in a future New York or London production, and argues that it covered Broadway. When the producers told her she would not be hired for the New York production, she sued. The New York state case is active, and the producers’ motion to dismiss is pending.
The Dispute
Renée’s complaint says she signed the letter agreement in November 2023 to play Mary in the Paper Mill production. It also gave her “the right to continue such services” in a later New York or London production mounted by the producers, after good-faith negotiations over compensation.
After the Paper Mill run, Renée says the producers asked her to record songs, attend an investor event, and take part in a staged reading. She alleges that they introduced her to investors as a future Broadway cast member. In November 2024, she says the producers told her she would not be hired for the New York production or included in compensation talks. They cited concerns about collaboration and her response to feedback. Renée disputes those concerns.
Renée seeks approximately $486,000 in damages, which she says represents what she would have earned during a nine-month Broadway run.
The producers argue that the agreement cannot be enforced because it left compensation, an essential term, for future negotiation.
What the Law Says
New York courts generally will not enforce a “mere agreement to agree” when the parties leave a material term for future negotiation. Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher, 52 N.Y.2d 105, 109–10 (1981). But a missing dollar figure does not automatically defeat a contract claim. If the parties intended to be bound and a court can determine the amount objectively without another agreement, the court may enforce the contract despite the open amount. Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp., 74 N.Y.2d 475, 483 (1989).
Renée also claims that the producers broke their promise by refusing to negotiate with her. That concerns whether the letter required good-faith talks, even if it did not guarantee her the role or set her salary. A bare promise to negotiate later is generally unenforceable. Yan’s Video, Inc. v. Hong Kong TV Video Programs, Inc., 133 A.D.2d 575, 578 (1st Dep’t 1987). In IDT Corp. v. Tyco Group, S.A.R.L., the New York Court of Appeals recognized a duty to negotiate later agreements in good faith where the parties’ settlement set a framework for those agreements.
Key Takeaways for Employers
- If you promise someone future work, put the promise and its limits in writing.
- Be clear about what you are offering. If the person has the job, say so. If the person has a right to negotiate or a right of first refusal, spell that out.
- Identify the role, duration, and conditions for future work. If compensation will be negotiated later, explain when and how the talks will happen and what follows if the parties cannot agree.
- Make clear who can bind the employer and whether the agreement replaces earlier conversations or works alongside a handbook or other policy.
- Make sure managers and staff describe the arrangement consistently, both internally and publicly.
If you have questions about this alert, please contact the author or your attorney at McCarter & English LLP.