Brief for appellees motion picture patents company and Edison manufacturing company (1913)

Record Details:

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65 At the meeting on December 18th. 1908, it will be seen from an examination of the testimony (Dyer, p. 343; Selig, p. 298; Spoor, p. 288; Scull, p, 367 et seq.; Kennedy, p. 391; Marion, p. 395; Blackton, p. 397; Smith, p. 400), that it was distinctly stated at the time that the Patents Company's licenses to the different licensees (including complainant) were signed by all of the licensees, including complainant, upon the distinct understanding expressed by Mr. Dyer that they would not he of any effect until ratified by the Board of Directors of the Patents Company. A brief statement of the testimony will not be out of place. Thus Mr. Dyer testified (p. 343), " The agreement after it was explained to the various licensees was acceptable to all of them; and I said that since all the licensees were present it would be desirable for them to sign duplicate copies of the agreement on their own behalf, subject to the later ratification by the Board of Directors of the Motion Picture Patents Company." Mr. Kennedy testified (p. 391), in corroboration of what Mr. Dyer said, as follows: " He said the directors of the company would take these agreements in the then form and would consider them and would act upon them, and if they were found satisfactory in every respect they would approve them, and their execution would then be completed, as I have stated before, and they would be sent to the various applicants for licenses." Mr. Marion testified (p. 395) that Mr. Dyer stated in effect that as it would be moi'e convenient to the licensees for various reasons to have the licenses signed then, they could be signed at that time, and that " then the various applications would be considered, and if they were acted upon favorably they would then be signed in duplicate by the proper officers of the Moving Picture Patents Company, and that the two copies would then be sent to us to have our corporate seals affixed, and then we would return the two to him, and that when the signatures of the Patents Company had been completed one copy will be returned to us.'' Thus it is true beyond contradiction that it was distinctly stated by Mr. Dyer at the time, and understood