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'* A. Long after that.
" Q. When with relation to the time of the beginning of this suit?
" A, Home short time after the suit commenced, probably; I would not swear to the exact date."
Similarly the evidence as to the statements and promises made by Lodge and Melies to Dyer at their first meeting early in August (summarized in our statement of facts above), establishes additional misrepresentations by Lodge, and makes it clear beyond possibility of denial that Lodge did promise Dyer that the money to finance the corporation was to come solely from Lodge and Carter, that there would be no outside interest in the business and that none of the stock of the proposed corporation would he sold to exchanges or to persons interested in exchanges.
And yet what was the fact? That, as Lodge was led to admit on cross-examination (pp. 524, 503, 505), at the very time of making these promises in response to Dyer''s insistent demands, Lodge was negotiating for the sale to Max Lewis (who testified he was the president of the Chicago Film Exchange and in the business of renting and selling moving pictures, machines and films, p. 118) of between a third and a half interest, leading to the practical control of the Melies Company by one of the very interests which Dyer had tried and Lodge had promised to keep out. The materiality of this breach of faith is suggested by Lewis' testimony as to the chain of branch exchanges he was interested in maintaining, to wit (p. 137):
" Salt Lake City, Utah; San Francisco, California; Denver, Colorado; Omaha, Nebraska; Nashville, Tennessee; Atlanta, Georgia; Washington, D. C.; and Chicago. We had one in Louisville, Kentucky, also, but that has been discontinued."
The key to the whole situation is, after all, very simple. It is not, as appellants attenipt to show, a deep laid plot by Spoor and Selig to throttle an incipient rival. It is merely what Lodge told Melies, on the l7th or 18th of November, 1908 (p. 421):
" Just when he was leaving the room, just when he was going out I told him — I asked Mr. Lodge