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PART IX.
majority, and then to write a letter revoking the cancellation of the license and reinstating the license agreement. (II, 687, fol. 3.)
The next day Fox received a letter from the Motion Picture Patents Co. (II, 687, fol. 4), signed by Mr. H. N. Marvin, as vice. president, recalling the cancellation. (Printed at II, 688, fols. 1-2.)
Fox testified that Kennedy exclaimed, after Fox agreed to sell (II, 688, 689) :
Well, that is the finish of my work. This is the end of what I set out to do. You have been the last man in the field, and now with our satisfactory arrangement between you and the General Film Co. my work is practically ended." He said, You realize that this was not done through any personal animosity to you at all or because we did not like you. It was done because the General Film Co. had to have the field to itself, as it prepared and as it set out to do at the very beginning, and you were a stumbling block. You were in constant competition with us, and that is the reason of our being desirous of purchasing your plant."
After the papers w^ere drawn up for the sale Fox, on the advice of his attorney, Mr. Rogers, decided not to execute the bill of sale, and Mr. Rogers rang up Kennedy and told liim tl-^it ho ]::\d advised the Greater New York Film R(^ntal Co. not to sell out. This was on December 6, 1911. (EI, 691, fol. 3.)
Fox rc^ceived a second notice of cancellation just as soon after that t(^le})lione conversation as it was