Weitzenkorn v. Lesser (1953) 40 Cal.2d 778 involves an author who sued the producers of the motion picture Tarzan's Magic Fountain, which she claimed used ideas she had submitted to them in "Tarzan in the Land of Eternal Youth." The California Supreme Court reversed a judgment of dismissal following an order sustaining a demurrer without leave to amend as to counts alleging breach of express and implied contract. The second count incorporated allegations in the breach of express contract count and additionally alleged the plaintiff submitted her composition at defendants' request for sale to, or use by them, upon payment to her of its reasonable value. (Id. at pp. 780, 792.) The Weitzenkorn court found the second count stated a cause of action; the allegation was that plaintiff submitted her composition to defendants " 'at their special instance and request . . . for the purpose of sale to or use by defendants upon payment to plaintiff of the reasonable value thereof and said defendants . . . thereupon accepted submission of said literary and dramatic composition by plaintiff and retained the same and became fully familiar with the contents thereof.' " (Id. at p. 792.)