The Film Daily (1933)

ANALYSIS of the new STANDARD EXHIBITION CONTRACT By LOUIS NIZER (Continued) Paragraph 3(c) LIQUIDATED DAMAGESPERCENTAGE BOOKINGS 1. Liquidated Damages If the exhibitor fails or refuses to exhibit a photoplay, payment for which is based partly or wholly upon a percentage of the receipts, the exhibitor shall be liable for liquidated damages. This means that the damage is agreed upon in advance to be computed in a certain manner. 2. How Computed If there is a flat rental in addition to the percentage, such rental constitutes part of the liquidated damages. In addition thereto, the amount the distributor would be entitled to under the percentage clause is computed for each day on which the photoplay was not exhibited as follows: There should be totalled the gross receipts of this particular distributor's photoplays which were exhibited at the exhibitor's theater during a period of ninety days prior to the date on which the breach occurred. Then the average daily gross receipts from the distributor's photoplays during this ninety day period is calculated. This is done by dividing the total gross receipts by the number of photoplays exhibited. Then the percentage (provided for in the contract) is taken of such average daily gross receipts for each day which the exhibitor has failed or refused to exhibit the photoplay. This sum, plus the flat rental specified, if any, constitutes the liquidated damages. 3. Mathematical Illustration Suppose that the contract provides for $50 guarantee, plus 20 per cent of the gross receipts. The exhibitor breaches the contract by not exhibiting the photoplays. Liquidated damages are computed as follows: The average daily gross receipts of the distributor's photoplays exhibited at this theater during the .oming a nd G oing HELEN HAYES arrived yesterday on the Paris trom abroad on her way back to work at the M-G-M studios. DIANA WYNYARD sails today on the Empress ot Britain for England. HENRY GARAT is due in New York on April 20 from the coast en route to Europe. ROBERT T. KANE arrived from France yesterday on the Paris. TOM SPRY, Warner branch manager in Boston, and H. H. ROBB and ED ROWLEY of the Robb & Rowley circuit in Texas were visitors at the Warner home offices yesterday. -. &JW DAILV \ Wednesday, April 12, 1933 George Arliss in "THE WORKING MAN" Warner Bros. 75 mins. A WINNER WITH UNIVERSAL APPEAL IN A MOVING AND HUMAN STORY FILLED WITH SPARKLING COMEDY. Adapted from the story by Edgar Franklin. It looks like the most popular film thus far to feature the brilliant characterization of that artist, George Arliss. He has a most delightful role in which he plays the part of a shoe manufacturer fathering the orphan children of his old friend and rival. Unknown to them as the hated competitor of their dead father, he moves into their lives and reorganizes everything under an assumed name. The complications and developments are filled with delicious and clever situations that he plays to the hilt. Gorgeous sentiment and romance. A sweet, wholesome story. Delicious humor. A clever plot that fascinates and holds you taut. A swell timely business angle — a real message to the business men of America. It has the joy of living, from the viewpoint of careless youth and through the eyes of a kindly old codger. Dialogue sparkles. Above all, it is so darned human. Bette Davis as the girl scores strong. Cast: George Arliss, Bette Davis, Hardie Albright, J Farrell MacDonald, Theodore Newton, Edward Van Sloan, Gordon Westi"ott, Charles Evans, Frederick Burton, Pat Wing, Claire McDowell, Ruthelma Stevens, Edward Cooper, Wall is Clark. Director, John Adolfi; Author, Edgar Franklin; Adaptors, Charles Kenvon, Maude T Howell; Dialoguers, same; Cameraman, Sid Hickox Direction, Very Good Photography, Fine "ZOO IN BUDAPEST" with Loretta Young, Gene Raymond Fox 85 mins. LOOKS SUREFIRE WITH BEAUTIFUL IDYLLIC LOVE STORY AND SENSATIONAL ANIMAL THRILLS. Here is the first personally supervised Jesse L. Lasky film under the Fox banner, and it is a pip from every angle. Lots of gray matter and real production values went into this one. Add to this a most unusual and idyllic love story featuring Loretta Young and Gene Raymond, cleverly and logically combined with a sensational climax with wild animals loose in a Zoo, and you have a bet that will drag in the entire family. A clean, wholesome love interest of two poor waifs trying to work out in desperation their destinies, and you have a poignant and touching appeal that will have the femmes weeping and happy. The camera work is immense. The multitude of shots of wild animals in the Budapest Zoo in captivity, and later on a wild rampage, have been cunningly handled. The climax is a pip. with Gene Raymond rescuing a little boy from a cage of snarling lions, with a tiger leaping at him as he dangles in midair from a rope. Wide appeal for all classes and types. Cast: Lore! fa Young, Gene Raymond, O. P Heggie, Wally Albright, Paul Fix, Murray Kinnell, Ruth Warren, Roy Stewart, Frances Rich. Niles Welch, Lucille Ward, Russ Powell. Director, Rowland V. Lee; Authors, Melville Baker. Jack Kirkland; Adaptors, Dan heroh, Louise Long, Rowland V. Lee; Cameraman, Lee Garmes. Direction, Expert Photography, Excellent ninety day period prior to the breach is computed. Suppose that this exhibitor played three of this distributor's photoplays, called A, B and C, during the ninety day period prior to the date of breach. On picture A he grossed $300 On picture B he grossed . . 250 On picture C he grossed . . 350 The total gross receipts on the distributor's photoplays for the ninety day period is therefore $900 The average daily gross receipts, which is obtained by dividing the total by three photoplays is $300 The percentage specified in the contract is 20 per cent. Therefore, 20 per cent of the average daily gross receipts, which is $300, equals $60. This sum, in addition to the $50 flat rental, equals the liquidated damages. Therefore, the exhibitor is liable in this case for $110 for each day that he has failed or refused to exhibit the photoplay in question. (To Be Continued) H. V. O'CONNER DEAD Toronto — Henry V. O'Conner, manager of the Toronto branch office of Regal Films, died April 8 at his home here after a brief illness. EXHIBITING AT WORLD'S FAIR York, Pa. — York Safe and Lock Co., makers of theater and other safes, will exhibit its products at the World's Fair in Chicago. Jack Hoxie in "LAW AND LAWLESS" Majestic Pictures 59 mins. GOOD WESTERN WITH JACK HOXIE UNRAVELING A RUSTLING MYSTERY IN BANG-UP SHAPE. Jack Hoxie and his caballero partner, as a couple of wandering "two gun men," supply plenty of fast riding and shooting in this story of night riders and rustlers. Hilda Morens. the Spanish senorita, is much better than the usual western heroine. Hoxie and his pal enter the picture in the approved western manner by rescuing the senorita, whose team of horses is running away. Then they proceed to go to work for the girl's father, who is one of a group of ranchers suffering from the night riding rustlers. Hoxie manages to trick the outlaws and uncover their leader, who has been loaning money to the ranchers and driving them out by stealing cattle and burning buildings so that he will get their land for the loans. Cast: Jack Hoxie. Hilda Morens, Julian Rivero. Yakima Canutt. Jack Mower. Wally Wales, J Frank Glendon. Edith Fellows. Bob Burns Helen Gibson. Alma Rayford. irns Elvira Sanchez im Quilan. Al Tahlor, Dixie Star Director, Armand Schaefer; Author, Continuity and Dialogue, Oliver Drake No other credits available Direction, rrvH Photography, Good Akron, O. — Portage theater has been acquired by L. Fuss and H. G. Coon. Fuss is managing the theater. I Omaha — J. E. Schlank, formerly branch manager for Educational here, has joined the sales staff of the Universal branch at Des Moines. Seattle — Jack Sampson has joined the publicity staff of Hamrick Theaters. He was formerly with RKO Orpheum and Fox West organizations. Cincinnati — The Ufa theater is closed for reorganization of the company. Present manager is Fred Witte. Kansas City — A bandit who held up the Madrid got away with about $200, including $35 belonging to Edgar Jones, manager. Detroit — Clyde D. Wixom, formerly a manager for Kunsky, has leased the Columbia, onetime part of the KunskyTrendle circuit, and is presenting Soviet films. Detroit — Following alterations, the new Alden theater has opened under the management of Ralph Philbrook. FAY-STANWYCK IN OMAHA Omaha — "Tattle Tales," with Frank Fay and Barbara Stanwyck, ends a two-day engagement tonight at the Orpheum. The house, which usually plays double features, also | has booked the "Scandals" to run with a picture at popular prices. ' Lou Golden is manager. COLUMBIA BUYS NOVEL Travis Ingham's novel, "Biddy," which ran serially in "McCall's" Magazine, will be filmed by Columbia. Jules Furthman, has been assigned to adapt it. THE INDUSTRY'S DATE BOOK April 12-17: International Film Show In connection with the Milan Fair, Milan, Italy. Apr. 13: Semi-monthly meeting Allied Theater Owners of New Jersey, 303 W. 42nd St., New York. Apr. 13: Semi-monthly meeting and luncheon 16 mm. Film Board of Trade, Victoria Hotel, New York. Apr. 17: Meeting of creditors of Publix Enterprises, New York. Apr. 24-27: Monogram sales convention, Hotel Ambassador, Atlantic City. Apr. 24-28: Society of Motion Picture Engineers, spring meeting, Pennsylvania Hotel New York. Apr. 25: Allied Theater Owners of New Jersey, meeting, 303 West 42nd St., New York. 2 P. M. April 28: Annual convention ot Indiana Indori ers of Photoplays. Claypool Hotel. In dianapolii.