Motion Picture Herald (Oct-Dec 1931)

October 24, 1931 Motion Picture Herald 55 The latest case involving these important points of the law is Eckhardt V Harder, (294 Pac. 981). The facts of this case are that a contractor and an owner entered into a contract by the terms of which the former agreed to construct a building. Immediately after the building was completed the owner took possession of it. About six months later one side of the structure began to settle, cracks appeared in the floor and the roof sagged due to insufficient bracing. The owner sued for damages, and the higher court held the contractor liable, saying : "If the building was to be constructed in a first class workmanlike manner, and it had the defects above mentioned, and we think the evidence unquestionably shows that it had such defects, then it was not completed in substantially the manner required by the contract. If it was not completed in substantially the manner required by the contract, the respondent (owner) was entitled to damages in a sum equal to the difference between the value of the building as completed and its value, had it been completed in the manner provided by the contract. ... It is manifest that to measure the owner's damage by the cost necessary to make the building conform to the contract would often be an injustice, because in many instances such cost would amount to almost as much as the original contract price." Ambiguous Clauses VARIOUS TERMS are utilized in plans and specifications to define to the contractor the particular kind and grade of work and materials required to be used in specified locations. Generally speaking, when interpreting the legal meaning of a term used in plans and specifications the court accepts the customary meaning usually recognized by contractors in the locality in which the contract is made. If the custom does not clearly indicate the kind of material intended to be used, the court will refer to a standard dictionary to determine the rights and liabilities of the parties. For illustration, in the recent case of Gattegno V The Parisian (35 S. W. [2d] 483), it was shown that a property owner entered into a lease contract by the terms of which he agreed to alter certain parts of the premises. One clause of the lease contract provided: "The space and openings overlooking the corner room from the mezzanine floor shall be enclosed with 'invisible glass.' " When construing the legal meaning of this term "invisible glass," the court said: "It is clear that the parties by the use of the expression 'invisible glass' meant opaque and translucent glass, thus giving plaintifiE the right to light as it then existed through the space and openings overlooking the adjoining corner room from the mezzanine floor, and that the court properly so interpreted the lease." Tenant Who Breaches Lease THE RULE is well settled that upon breach of a lease contract the Hub— A Mark of Electrical Superiority Wherever a Hub electrical installation is made it means that the entire plan has been carefully thought out and eflSciently designed. The entire facilities of our organization are unreservedly placed at the disposal of any one interested in installing the latest in electrical systems or in improving present installations. Write for a free copy of our comprehensive Handbook of Theatre Lighting. A copy is yours for the asking. HuBEiraRicGoMMf Sound Reproduction Equipment Stage Switchboards Footlights Borderlights Stage Pockets Emergency and Exit Lighting Units Complete Theatre Lighting Equipment Factory and General Offices 2219-2225 West Grand Avenue Chicago Telephone Seeley 6440-1-2-3 Branch Offices in New York Toledo, Milwaakee, Minneapolis Cove Lighting Exit Signs Spotlights Service Boardt Panelboards Usher Signals Directional Signs Flood Lights Mobile Flood Lighting Equipment SOMETHING NEW For Holiday Lighting FLOWER-LITE Make displays more unusual and attractive than ever before with this distinctive decorative lighting unit. For ) 25 to too W. lamps. uitf / Single or multi-color y' combinations. SEND TODAY FOR BULLETIN 90 ELECTRIC COMPANY 2651 W. Congress St. Chicago, III. T. M. Reg. Super SCREENS They can demonstrate their own superiority to your satisfaction. Yet they cost no more than ordinary screens. There's a type that will exactly suit your particular needs. Place your screen problems before us. The DA-LITE SCREEN CO.. Inc. 2721 N. Crawford Ave. Chicago