Teich

This case falls within the ambit of Desny v. Wilder, 46 Cal.2d 715 [ 299 P.2d 257 ]. Plaintiff sued to recover upon a contract to pay the reasonable value of an idea submitted to defendant in concrete form, a gadget for use as a premium in one of its products, a “new children’s do-it-yourself item in the photographic field.” Plaintiff did not claim novelty and originality which would make his “premium item” protectible property within the common law of copyright and plagiarism. He relied upon contract.

A jury awarded plaintiff a recovery in the sum of $35,000. Motion for directed verdict had been made and denied; this was followed by a motion for judgment notwithstanding the verdict, which was granted. Plaintiff has appealed from that order and from the judgment entered pursuant thereto. As the order is not appealable (Schramko v. Saulter, 146 Cal.App.2d 549, 553 [ 303 P.2d 1061 ]), the attempted appeal therefrom must be dismissed. The merits of the ruling are reviewable upon the appeal from the judgment.

The applicable rule of review is stated in Estate of Arnold, 16 Cal.2d 573, 581 [ 107 P.2d 25 ] : “The right of the trial court to render a judgment notwithstanding the verdict…