In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

Record Details:

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664 William Fox, Direct Examination. The Witness: Prior to the signing of the agreement I called Mr. MacDonald on the -phone. If it is your object to confuse me by putting in these objections — Mr. Kingsley : My object is that I am not going to have any colloquy with you, and I will put my objection on the record, and when I object I insist that you suspend. The Witness: Well, I will do that in the future. Mr. Kingsley : I have no right to confuse you, but I shall object now as a matter of business. I have a right to make objections on the record, and I will say that I am not making this statement to the witness as an apology at all. The Witness: Then I will wait until you get your objections all in. Prior to the signing of the contract I called Mr. Dwight MacDonald on the 'phone. By Mr. Grosvenor: Q. Where was he located? A. At 80 Fifth Avenue, at the office of the Motion Picture Patents Company, holding some office, I can't think what officer he was, he was a General Manager of some kind. Q. Yes. A. And I said, "MacDonald, I have before me the license agreement, and I understand you have 'phoned our office several times asking whether or not we were going to sign it. I am hesitating as to advising my company to sign this license agreement without having your assurance as to what the actual result of this agreement is going to be." "Why," he said, "Fox, you are foolish. There ought not to be any question or doubt in your mind; all this means is that we want the price of the film, and so long as you pay for it, and so long as you rent film in accordance with the agreement as they are giving it to you, they are going to continue to ship you film, and I have been told by the manufacturers to say, as I have said before to you, that the life of this agreement depends entirely on the life of the patents under which this agreement is given to you, and until the expiration of those patents we will continue to furnish you film so long as you live