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his office, in September after the Selig-Spoor telegram was sent (p. 278):
"Mr. Lodge called at my office and stated that he had been to New York and had seen Mr. Dyer regarding to the matter of selling stock to the Exchanges, and that after discussing it with Mr. Dyer they would no longer sell any stock to the Exchanges, and that they had, I believe, only seven or nine shares, I believe, that had been sold, but these were called in and it was all off, and he further stated that under no consideration would any film exchange or any one interested in the film exchange have another share of stock of this Company; that he and Mr. Carter would personally put up the money " (p. 294).
This indicates a pretty definite understanding on the part of Mr. Lodge, nor was there any other understanding on the part of Mr. Dyer at that time, as shown by what he said to Lodge at the meeting, December 18.
(Spoor, p. 284), "Mr. Dyer told Mr. Lodge that he felt he had been imposed upon by Mr. Lodge in handling the matter the way he did or had; that he understood that it was agreed that no stock should be owned by a film exchange or any one connected with a film exchange, and as it was evident that Mr. Lodge had admitted it that Mr. Max Lewis owned stock he thought Mr. Lodge had imposed upon him."
Probably the most effective confirmation of defendant's case as to these misrepresentations lies in the way Lodge kept the unpleasant facts from Lewis' knowledge, as Lodge himself tells, in response to questions put by his own counsel (p. 483):
" Q. As to these conversations had with Mr. Dyer, at or about the time of the assignment of the Edison license, September 18, 1908, concerning not selling any more stock to Exchanges, did you ever tell Mr. Lewis anything concerning these conversations?
" A. No, not until very long afterward, " Q. When with relation to the time he invested his money?