## Facts

- NBC aired *The Howdy Doody Show* from 1947 to 1960, featuring the Howdy Doody puppet as the main character.
- In 1948, NBC commissioned puppet maker Velma Dawson to create a new puppet; on June 3, 1948, NBC purchased that puppet, which became the on-air Howdy Doody.
- After the show ended, puppeteer Rufus Rose possessed several puppets, including Howdy Doody, at his Connecticut workshop.
- In 1966–1967, Rose and NBC exchanged correspondence about the puppet’s disposition; the writings reflected an arrangement that the Howdy Doody puppet would be placed with the Detroit Institute of Arts (DIA), described as a recognized puppetry museum.
- In 1970, Rose sent the puppet to Robert “Buffalo Bob” Smith (the show’s host) with an understanding that the puppet would ultimately be delivered to the DIA; Smith retained it until his death in 1998.
- After Smith’s death, Christopher Rose (on behalf of Rose family interests) attempted to sell the puppet.
- The DIA sued Rose family members and the executrix of Smith’s estate, seeking a declaration of ownership, possession of the puppet, and contract-based relief, including enforcement as a third-party beneficiary of the NBC–Rose agreement.
- The parties filed cross-motions for summary judgment.

## Issues

1. Whether the 1966–1967 correspondence between NBC and Rufus Rose formed an enforceable contract requiring delivery of the Howdy Doody puppet to the DIA.
2. Whether the DIA was an intended third-party beneficiary entitled to enforce that contract and obtain a declaration of ownership and possession.
3. Whether, absent a stated deadline, the law implied performance within a reasonable time and whether that time had elapsed.
4. Whether Rose’s later transfer of physical possession to Smith changed ownership or instead created a bailment consistent with eventual delivery to the DIA.
5. Whether defenses such as laches, statute of frauds, or statute-of-wills principles barred the DIA’s claims.

## Decision

- The court granted summary judgment for the DIA on the core ownership dispute.
- The court held that the NBC–Rose letter exchange constituted a binding contract and that the DIA was an intended third-party beneficiary.
- The court ruled that performance was required within a reasonable time and that the prolonged non-delivery did not defeat the DIA’s enforceable rights.
- The court concluded that Smith’s possession was a bailment and did not transfer ownership to Smith or his estate.
- The court rejected the defendants’ asserted defenses and competing ownership claims as insufficient to defeat the DIA’s entitlement as a matter of law.

## Legal Principles

- A contract may be formed through an exchange of letters if the writings reflect mutual assent and sufficiently definite terms.
- An intended third-party beneficiary may enforce a contract when the contracting parties’ clear intent is to confer a direct benefit on that beneficiary.
- When a contract does not specify a time for performance, the law implies a requirement of performance within a reasonable time.
- A transfer of possession can constitute a bailment, which does not convey title and can be conditioned on later delivery to a specified recipient.
- Equitable and formal defenses (including laches and writing requirements) do not bar relief where the beneficiary’s rights are established by enforceable written agreements and the defendants cannot show a legally sufficient basis to defeat enforcement.

## Conclusion

The court determined that the DIA was the intended beneficiary of an enforceable NBC–Rose agreement requiring placement of the Howdy Doody puppet with the museum, that the decades-long delay did not negate that obligation, and that later custody by Buffalo Bob Smith was a bailment that did not transfer ownership away from the DIA.


Det. Inst. of Arts Founders Soc'y v. Rose, 127 F. Supp. 2d 117 (D. Conn. 2001)